Trademark infringement occurs when a defendant's mark is confusingly similar to a plaintiff's well-known trademark, risking customer deception.

ORDER

% 27.08.2024

I.A. 37338/2024 (pre-litigation mediation)

1. The plaintiff vide the present application seeks exemption from instituting pre-litigation mediation.

2. Considering the averments made in the present application wherein the plaintiff seeks urgent ad-interim relief and in view of Yamini Manohar vs. T.K.D. Krithi 2023 SCC OnLine 1382 and Chandra Kishore Chaurasia vs. R. A. Perfumery Works Private Limited . 2022:DHC:4454- DB, the plaintiff is exempted from instituting pre-litigation mediation.

3. Accordingly, the present application is allowed and disposed of.

I.A. 37337/2024 (exemption)

4. Exemption allowed as sought, subject to all just exceptions.

5. The application stands disposed of.

I.A. 37336/2024 (additional documents)

6. The plaintiff vide the present application seeks time of thirty days to file additional documents.

7. The plaintiff will be at liberty to file additional documents within thirty days, albeit, strictly as per the provisions of the Commercial Courts Act, 2015 and Delhi High Court (Original Side) Rules, 2018.

8. Accordingly, the present application is disposed of.

CS(COMM) 714/2024

9. The plaintiff by way of the present suit seek permanent and mandatory injunction restraining infringement of trade mark and copyright, passing off, dilution, unfair competition, damages/rendition of accounts of profits and delivery.

10. Let the plaint be registered as a suit.

11. Upon filing of the process fee, issue summons of the suit to the defendant through all permissible modes returnable before the Joint Registrar on 27.11.2024.

12. The summons shall state that the written statement be filed by the defendant within a period of thirty days from the date of the receipt of the summons. Written statement be filed by the defendant along with affidavit of admission/ denial of documents of the plaintiff, without which the written statement shall not be taken on record.

13. Replication thereto, if any, be filed by the plaintiff within a period of fifteen days from the date of receipt of written statement. The said replication, if any, shall be accompanied by with affidavit of admission/ denial of documents filed by the defendant, without which the replication shall not be taken on record within the aforesaid period of fifteen days.

14. If any of the parties wish to seek inspection of any document(s), the same shall be sought and given within the requisite timelines.

15. List before the Joint Registrar for completion of pleadings on 27.11.2024. It is made clear that if any party unjustifiably denies any document(s), then it would be liable to be burdened with costs.

16. List before the Court on 16.01.2025.

I.A. 37335/2024 (Order XXXIX rule 1 & 2 CPC, 1908)

17. The plaintiff vide the present application seeks an ex-parte ad- interim injunction against the defendant.

18. As per plaint, plaintiff is an incorporated company which commenced its business in the year 2001 and has opened various well- known and award winning restaurants under different names including ‘SOCIAL’. The plaintiff is engaged in providing restaurant services, including but not limited to conducting and managing restaurants and coffee shops, operating restaurants and coffee shops and providing expertise relating to provision of food and drink whereas defendant runs a restaurant/ café under the trade mark ‘SOCIAL AFFAIR’/ ‘ ’ in Vadodara, Gujarat.

19. The plaintiff in the year 2011-2012 thought of a unique concept of blending the best of office and cafe by offering to the general public a collaborative work space and a multi cuisine and trade mark ‘SOCIAL’ was adopted in respect of such cafes. The first ‘SOCIAL’ restaurant/ bar of the plaintiff was opened in the year 2