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08.01.2024

1.

While hearing a Civil Suit being CS (COMM) 780/2023 filed by

Plaintiff-The Hershey Company-a well-known chocolate company, seeking

injunction before the Diwali period against the Defendant-Atul Jalan from

selling expired chocolates by re-packaging the same, the learned Single Judge

found that the Defendant, who was a rank counterfeiter had knowledge of and

access to the Plaintiff’s mark and packaging and had blatantly copied them

misrepresenting their expired and counterfeit chocolates as Plaintiff’s products.

2.

The learned Single Judge, prima facie, concluded that the suit revealed

an extraordinary situation involving public health, particularly relating to food

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 09/01/2024 at 22:10:22

products, and therefore, directed it to be placed before one of us (The Acting

Chief Justice) for being taken up on the judicial side in the manner as deemed

appropriate. Consequently, the matter was directed to be registered as a public

interest litigation.

3.

From the order dated 19^th December, 2023 pass