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2026 Supreme(Online)(Bom) 5726

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Siddhant Ice Creams Llp – Appellant
Versus
John Doe(s) – Respondent
INTERIM APPLICATION (L) NO. 22104 OF 2026 IN COMMERCIAL IP SUIT (L) NO. 328 OF 2026



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CNR No : HCBM020221052026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 22104 OF 2026 IN COMMERCIAL IP SUIT (L) NO. 328 OF 2026 Siddhant Ice Creams LLP & Anr. …Applicants In The Matter Of:

Siddhant Ice Creams LLP & Anr. …Plaintiffs Versus John Doe(s) & Ors. …Defendants Mr. Hrishikesh Shukla a/w Rohit Iyengar & Mahir Amir i/b Shardul Amarchand Mangaldas & Co., for the Plaintiffs.

Mr. S. P. Rajurkar, for Defendant No.2.

CORAM: MADHAV J. JAMDAR, J.

DATED: 08th OCTOBER 2026 P.C.:

1. Heard Mr. Shukla, learned Counsel appearing for the Applicants/Plaintiffs and Mr. Rajurkar, learned Counsel appearing for Defendant No.2.

2. This action is for infringement of trademark and copyrights.

3. The Plaintiff has raised the following contentions in the Plaint:

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i. Plaintiff No.1 is a limited liability partnership and the registered proprietor of the NATURAL Family Marks. The Plaintiff No.2 is the master franchisee of Plaintiff No.1. Plaintiff No.2 also manufactures NATURAL Ice Creams and allied products under the name NATURAL Family Marks and supplies the same to the network of frenchisees across the country.

ii. The Plaintiffs, collectively, are engaged inter alia in the business of manufacturing, marketing, selling, distributing and retailing of ice creams, ice cream shakes and allied/ancillary products and services through ice cream parlours, under the name/style/brand “NATURAL”, which are run by various franchisees.

iii. It is further stated in the Plaint that Defendant No.1 John Doe(s) represents one or more unknown persons and/or entities who are violating the trademarks of the Plaintiffs to draw an unlawful connection with the Plaintiffs and defraud potential franchisee, business associates, consumers and/or customers. It has been further stated that considering the anonymity which the internet affords, the identity/identities of Defendant No.1 are currently unknown. Such persons are however engaged in creating false spate of websites, letters, emails and other communications, identical to the Plaintiffs.

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iv. It is stated that Defendant No. 2- GODADDY.COM LLC, Defendant No. 3-Department of Telecommunications and Defendant No. 4-Ministry of Electronics And Information Technology, have been impleaded as Defendants for the purpose of compliance with the Orders of this Court and they have been impleaded for the limited purposes of blocking the deceptive and infringing websites.

4. It is stated that the NATURAL Ice Cream business was founded by Late Mr. Raghunandan Kamath in the year 1984. The relevant details of the manner of progress of said business are to be found in Paragraph Nos. 6 to 10, which read as under:

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“6. The NATURAL Ice Cream business was founded by Late Mr. Raghunandan Kamath ("Late Mr. Kamath") in 1984,when he achieved a breakthrough in the art of ice creammaking by combining traditional and contemporary methods of producing artisanal ice cream and devised arevolutionary new machine for artisanal ice creams. He further devised a revolutionary ice cream machine that transformed the production process, enabling the creation of high-quality artisanal ice cream on a commercial scale. Late Mr. Kamath adopted the mark "NATURAL" for his icecream products and commenced business through his proprietary concern, M/s Natural Ice Creams, operating from a single ice cream parlour in the Juhu area in Mumbai. He launched a variety of ice creams and ice- cream-based products including tender coconut, strawberry, mango, jackfruit and other flavours, which quickly gained consumer recognition and popularity. In the conduct and promotion of the NATURAL Ice Cream business, he also devised the ATURAL logo of which the mark"NATURAL" was the most essential and prominent feature.

7. NATURAL Ice Cream business grew steadily over the following years. The turnover increased from approximately INR 2,08,150 for the financial years 1985-1986 to approximately INR 1,

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