1. This hearing has been done through hybrid mode. Background Facts & Procedural History 2. CS(COMM) 18/2023 is a suit filed by M/s. KG Marketing India (hereinafter, ‘KG Marketing’) through its proprietor, Mr. Karan Kumar. The said suit was filed against the Ms. Rashi Santosh Soni and Mr. Santosh Soni (hereinafter, ‘the Defendants’) seeking an injunction against the use of the mark/label ‘SURYA’ and the accompanying trade dress (hereinafter, ‘impugned mark/label’), which is extracted below:

3. In this suit, KG Marketing sought the following reliefs: a) Pass an order/decree of permanent and mandatory injunction restraining the Defendants, their partners/associates, assignees in business, franchisees, licensees, distributors and agents from manufacturing, selling, offering for sale, advertising in print and electronic media, advertising on the internet, directly or indirectly dealing in any product by using impugned mark/trade dress viz., ‘ / ’ or any other trade mark or logo/ device, which is identical to and/or deceptively similar to the Plaintiff’s well known trade mark, trade dress, get up, lay out and placement of distinctive features as used in the trade mark/label and