The court granted an ex-parte ad interim injunction, establishing a prima facie case for trademark infringement and emphasizing the balance of convenience and likelihood of irreparable harm.

% 14.05.2024 I.A. 10940/2024 (Exemption from filing certified, clear copies of documents)

1. Exemption is granted, subject to all just exceptions.

2. Applicant shall file legible, clear, and original copies of the documents on which the applicant may seek to place reliance before the next date of hearing.

3. Accordingly, the present application is disposed of.

I.A. No.10941/2024 (seeking leave to file additional documents)

1. The present application has been filed on behalf of the plaintiff under Order 11 Rule 1(4) of the Code of Civil Procedure, 1908 as applicable to commercial suits under the Commercial Courts Act, 2015 seeking to place on record additional documents.

2. The plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.

3. Accordingly, the present application is disposed of.

I.A. No.10942/2024 (exemption from instituting pre-litigation mediation)

1. Having regard to the facts of the present case and in light of the The Order is downloaded from the DHC Server on 15/05/2024 at 00:56:10

judgement of Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Private Ltd. , FAO (COMM) 128/2021 , exemption from attempting pre institution mediation is allowed.

2. Accordingly, the application stands disposed of.

CS(COMM) 388/2024

1. Let the plaint be registered as a suit.

2. Upon filing of process fee, issue summons to the defendant by all permissible modes. Summons shall state that the written statement be filed by the defendant within 30 days from the date of receipt of summons. Along with the written statement, the defendant shall also file affidavit of admission/denial of plaintiff’s documents, without which the written statement shall not be taken on record. Liberty is given to plaintiff to file a replication within 30 days of the receipt of the written statement. Along with the replication, if any, filed by the plaintiffs, affidavits of admission/denial of documents filed by the defendant, be filed by plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

3. List before the Joint Registrar for marking of exhibits on 20th August

2024.

4. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

I.A. 10939/2024 (under Order XXXIX Rule 1 & 2 CPC)

1. This application under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 (‘CPC’) has been filed by plaintiff as part of the accompanying suit seeking permanent injunction restraining defendant from The Order is downloaded from the DHC Server on 15/05/2024 at 00:56:10

manufacturing, marketing, supplying, selling, promoting and dealing with directly or indirectly, in medicinal and pharmaceutical preparations under the impugned trade mark ‘OMEZEE’/ ‘OMEZEE-DM’ [‘impugned marks’]

and/or any other mark deceptively similar to the plaintiff’s mark ‘OMEZ’.

2. Plaintiff is an Indian incorporated company and claims to be one of India’s largest pharmaceutical companies having started its operation in 1984.

Soon after they obtained success through their brand OMEZ for pharmaceutical product ‘Omeprazole’ which is used for ulcer and reflux oesophagitis medication. It is claimed that OMEZ soon became one of the most popular brands of plaintiff’s portfolio.

3. Registrations under the trademark ‘OMEZ’ are tabulated by plaintiff as under:

The Order is downloaded from the DHC Server on 15/05/2024 at 00:56:10

4. Packaging used by plaintiff is as under:

5. Plaintiff’s mark ‘OMEZ’ enjoys immense reputation and goodwill, as claimed by plaintiff. It is a coined word inherently distinctive to the product of the plaintiff and has been in continuous and extensive use since 1990. The promotional expenses for OMEZ for the financial year 2022-23 is in the rang