The court granted an ad-interim injunction for trademark and copyright infringement upon finding a prima facie case of passing off by the defendants, who adopted a deceptively similar mark subsequent to the plaintiff's established prior use since 2013.

O R D E R

I.A. 506/2026 (Exemption from pre-institution Mediation)

1. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Court Act, 2015.

2. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi , (2024) 5 SCC 815, exemption from the requirement of pre-institution Mediation is granted.

3. The Application stands disposed of.

I.A. 508/2026 (Exemption from payment of Court Fees)

4. The present Application has been filed by the Plaintiff under Section 149 read with Section 151 of the Code of Civil Procedure, 1908 seeking exemption from payment of Court Fees at the time of the filing of the Suit.

5. Learned counsel for the plaintiff submits that the requisite Court Fees already stands affixed to the plaint, and therefore, the application has become infructuous. The application is dismissed as infructuous on the above statement.

I.A. 509/2026 (Additional Documents)

6. The present Application has been filed on behalf of the Plaintiff under Order XI Rule 1(4) (amended by the Commercial Courts, Commercial Division and Commercial Appellate Divisions of High Courts Act, 2015) read with Section 151 of the Code of Civil Procedure, 1908 seeking leave to place on record additional documents.

7. As prayed, the plaintiff is permitted to file the additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018 with an advance copy to the learned counsel for the defendant.

8. Accordingly, the application stands disposed of.

I.A. 510/2026 (Exemption from filing clear typed copies of documents)

9. For the reasons stated therein, exemption is allowed, subject to all just exceptions.

10. The original and/or clear and typed copies of the documents with proper margins of the dim annexures be filed within six weeks with an advance copy to the defendants.

11. Accordingly, the application stands disposed of.

I.A. 507/2026 (Interim injunction)

12. The plaintiff claims to manufacture goods not limited to Ayurvedic Oil, Ayurvedic Capsule, Medicinal and pharmaceutical preparations under its trademark and copyrights not limited to “HAMMER OF THOR/ /HAMMER OF THOREX/ HAMMER OF GOLD/ ”from as early as year 2013 and being sold through e-commerce platforms as well as their own websites.

13. Plaintiff claims that defendant nos. 1 to 3 have attempted to secure registrations from the impugned mark “D’ HAMMER THOR/ / /HERBAL OF HAMMER” and have taken the malicious actions of filing rectification against the plaintiff’s registered marks. The plaintiff further claims that defendant nos. 1 to 5 are sellers of the impugned goods on the platform of defendant nos. 6 to 12 who are alleged to be advertising, marketing and selling counterfeit goods under the impugned marks.

14. On account of the aforesaid infringement of the trademark, copyrights and trade dress of the plaintiff’s products, the present suit has been preferred seeking permanent and mandatory injunction against copyright infringement, trademark passing off and unfair competition against the defendants.

15. Ms. Roda, learned counsel for the plaintiff submits that as far back as on 10.04.2013, the plaintiff had launched its products under the mark “HAMMER OF THOR” in support whereof she relies upon the tax/sales invoices filed alongwith the presen