2025:BHC-OS:24948 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO.30633 OF 2024 IN COMMERCIAL IP (L)SUIT NO.30315 OF 2024 WITH COURT RECEIVERS REPORT NO.485 OF 2024 Raymond Lifestyle Limited ...Plaintiff Versus Ashirwad Krishna Prestigious and Ors. ...Defendants ——————

Mr. Hiren Kamod a/w. Mr. Nishad Nadkarni, Mr. Aasif Navodia, Ms. Khushboo Jhunjhunwala, Ms. Jaanvi Chopra and Ms. Rakshita Singh i/b.

Khaitan & Co., for the Plaintiff.

Ms. Naina Poojary, Master (Admn.), Court Receiver present.

——————

CORAM : SHARMILA U. DESHMUKH, J.

DATE : DECEMBER 15, 2025 P. C. :

1. By order of 9^th October, 2024, this Court had granted ad-interim relief in terms of prayer clauses (a), (b), (c), (d), (f), (h) and (i) of the VISHAL SUBHASH PAREKAR Interim Application. Though the Defendants were represented on Digitally signed by VISHAL SUBHASH PAREKAR Date: 2025.12.16 several occasions, there is no reply filed by the Defendants.

2. By the order dated 9^th October, 2024, this Court came to a prima facie finding that the impugned mark i.e. ‘RAYMOND’ is identical with the Plaintiff’s registered marks/labels/devices/logos in respect of its goods and services rendered under the Plaintiff’s mark. It held prima facie held that the Defendants’ marks/logos/works used in respect of its business are substantial reproduction of the Plaintiff’s original artistic works and the RR logos/ works and the identity/similarity between the rival marks/ logos cannot be a matter of coincidence. In the absence of any reply filed by the Defendants, the prima facie finding are not displaced. There is no reason as to why ad-interim relief should not be confirmed as interim relief.

3. Mr. Kamod would further submit that the interim relief in respect of passing off in terms of prayer clause (e) be granted.

4. By an order of even date the Leave Petition has been granted by this Court.

5. Considering the prima facie findings that the impugned marks/logo is deceptively similar /identical to the Plaintiff’s registered trade marks/labels/device/logo. It is prima facie evident that the Defendants are misrepresenting that the goods of the Defendants are that of the Plaintiff. The reputation and goodwill of the Plaintiff in respect of trade mark ‘RAYMOND’ requires no re-inforcement as the Plaintiff is a market leader in textile and garment industry in India. The use of the impugned mark/label/logo is likely to cause damage to the Plaintiffs’ reputation and goodwill. Prima facie case is made out for grant of interim relief in respect of passing off.

6. In light of above, ad-interim relief granted by order 9^th October, 2024 is confirmed as interim relief.

7. The Plaintiff have made out a case for grant of interim relief in terms of prayer clause (e) for passing off and the same is allowed.

8. The Interim application stands allowed in terms of prayer clause (a) to (f).

LPETNL No. 30714 of 2024:-

9. Petition has been filed under clause XIV of the Letters Patent for combining the cause of action for infringement of trade mark and copyright with the cause of action for passing off.

10. There is no opposition in the absence of any reply by the Respondents.

11. In order to avoid the multiplicity of proceeding, Leave Petition is allowed.

[SHARMILA U. DESHMUKH, J.]