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2025 Supreme(Online)(Del) 4123

IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Bansal, J
KEI INDUSTRIES LIMITED – Appellant
Versus
MR. DAVID SINGLA & ANR. – Respondent
CS(COMM) 651/2025



Advocates:
For the Appellants/Petitioners: Mr. Jayant Mehta, Mr. Pallav Palit, Mr. Arnav Das Gupta
For the Respondents: None

The court emphasized the necessity of protecting trademarks against infringement, allowing for interim relief when irreparable harm is likely.

Headnote:(A) Trademarks Act, 1999 - Section 29(1) - Copyright Act, 1957 - Sections pertaining to eligibility of copyright registration - The plaintiff sought a permanent injunction against the defendants from infringing its trademark and copyright as the defendants were selling identical products under a similar mark. (Paras 18, 19, 27)

(B) Ex-parte interim relief - The plaintiff established a prima facie case for infringement, demonstrating that the defendants' goods were akin to its own, thereby likely to confuse consumers. The court ruled irreparable injury would occur if the defendants were allowed to continue their activities, granting an injunction against the defendants pending trial. (Paras 28-29)

(C) Appointment of Local Commissioner - The court allowed the appointment of a Local Commissioner to seize infringing goods, which was deemed necessary to prevent the defendants from disposing of such items. (Paras 40-41)

Table of Content
1. relief sought by plaintiff against trademark infringement. (Para 7 , 8 , 18)
2. historical background and trademark registrations. (Para 19 , 20 , 23)
3. plaintiff's business details and trademark registrations. (Para 21 , 22)
4. evaluation of infringement and public confusion. (Para 27 , 28)
5. appointment of local commissioner to facilitate seizure of infringing goods. (Para 31 , 32 , 40)
6. appointment and responsibilities of the local commissioner. (Para 38 , 41 , 42)

O R D E R

% 04.07.2025 I.A. 15344/2025 (exemption from filing typed copies with proper margins) 1. Allowed, subject to the plaintiff filing the documents with prescribed margins within four (4) weeks from today. 2. The application stands disposed of.

I.A. 15343/2025 (exemption from filing original/certified copies etc.)

3. Allowed, subject to the plaintiff filing original/ certified copies of documents within four (4) weeks from today.

4. The application stands disposed of.

I.A. 15346/2025 (exemption from filing typed copies of dim documents)

5. Allowed, subject to the plaintiff filing legible copies of documents within four (4) weeks from today.

6. The application stands disposed of.

CS(COMM)651/2025 Page 1 of 9 I.A. 15347/2025 (seeking exemption from advance service to defendants

7. The plaintiff seeks urgent interim relief against infringing products and for this purpose, an ex-parte appointment of Local Commissioner is also sought to confiscate the goods.

8. It is submitted that there is a probability that the defendants may remove the infringing products if the defendants are given advance service of the plaint paper book. Therefore, in the peculiar facts and circumstances of this case, exemption from effecting advance service upon the defendants is granted.

9. The application is disposed of.

CS(COMM) 651/2025

10. Let the plaint be registered as a suit.

11. Issue summons.

12. Summons be issued to the defendants through all permissible modes. The summons shall state that the written statement shall be filed by the defendants within thirty (30) days from the date of the receipt of summons. Along with the written statement, the defendants shall also file an affidavit of admission/ denial of the documents of the plaintiff, without which the written statement shall not be taken on record.

13. Liberty is given to the plaintiff to file replication, if any, within thirty (30) days fromthe receipt of the written statement. Along with the replication filed by the plaintiff, affidavit of admission/ denial of the documents of the defendants be filed by the plaintiff.

14. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, CS(COMM)651/2025 Page 2 of 9 its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

15. Ifanyofthepartieswishtoseekinspectionofanydocuments,thesame shall be sought and given within the timelines.

16. List before the Joint Registrar on 3rd September, 2025, for completion of service and pleadings.

17. List before the Court on 6th November, 2025.

I.A. 15342/2025(O-XXXIX Rule 1 & 2 of CPC)

18. The present suit has been filed seeking relief of permanent injunction restrainingthedefendantsfrominfringingthetrademarksandcopyrightofthe plaintiff, passing off their products as that of the plaintiff and other ancillary reliefs.

19. The plaintiff company is engaged in the business of manufacturing and selling of electric wires and cables and has been carrying out its business operations under the trademark ‘KEI’ since the year 1968. The plaintiff company has various registrations in respect of trademark ‘KEI’ and other ‘KEI’ formative marks in class 9 and other relevant classes, details of which aregiveninparagraph15oftheplaint.Theearliestregistrationoftheplaintiff in class 9 and class 6 is dated 27th September, 1988.

20. Some of the registrations wh

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