SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Del) 47722

IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmeet Pritam Singh Arora, J
Vishnu and Company Trademarks Pvt. Ltd. – Appellant
Versus
Smotect Private Limited – Respondent
CS(COMM) 1333/2025 | I.A. 31184/2025 | I.A. 31185/2025 | I.A. 31186/2025 | I.A. 31187/2025



Advocates:
For the Appellants/Petitioners: Pravin Anand, Manish Biala, Arun Kumar Jha
For the Respondents: None

Unauthorized use of a trademarked product label in advertisements to falsely categorize a non-harmful product as harmful (tobacco) constitutes both copyright infringement and trade disparagement, justifying an ad-interim injunction to prevent irreparable injury to the brand's reputation.

Headnote:(A) Intellectual Property - Copyright Infringement - Unauthorized use of a product label in promotional videos to portray it as harmful constitutes a prima facie violation of the owner's copyright. (Para 28)

(B) Commercial Law - Trade Disparagement - Falsely labeling a non-tobacco mouth freshener as a tobacco-containing product in advertisements to promote a competing safety-based alternative amounts to disparagement and unfair competition. (Para 25, 28)

(C) Procedural Law - Pre-litigation Mediation - Exemption from mandatory pre-institution mediation under the Commercial Courts Act is permissible where the suit contemplates urgent interim relief. (Para 4, 5)

Issues: Whether the defendants' use of the plaintiff's product label in promotional videos to categorize it as a harmful tobacco product warrants an ex parte ad-interim injunction.

Table of Content
1. procedural exemptions for document filing and pre-litigation mediation in commercial suits. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. registration of suit and scheduling of pleadings/summons. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
3. allegations of copyright infringement and trade disparagement through targeted advertising. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25)
4. prima facie finding of copyright violation and irreparable injury caused by false labeling. (Para 26 , 27 , 28 , 29)
5. granting of ad-interim injunction and direction to remove infringing content. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40)
I.A. 31187/2025(seeking exemption from filing typed/certified copies)

1. The present application under Section 151 of the Code of Civil Procedure,1908, [‘CPC’] has been filed by the Plaintiff seeking exemption from filing true typed and certified copies of documents.

2. Subject to the Plaintiff filing the true typed and certified copies of document sought to be relied upon within four (4) weeks from today, exemption is granted for the present, failing which the Plaintiff will not be entitled to rely upon the said documents.

3. Accordingly, the application stands disposed of.

I.A. 31186/2025(seeking exemption from instituting pre-litigation mediation)

4. This is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC, filed by the Plaintiff seeking exemption from instituting pre-litigation mediation.

5. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi11 (2024) 5 SCC 815, exemption from the requirement of pre-institution mediation is granted to the Plaintiff.

6. Accordingly, the application stands disposed of.

I.A. 31185/2025(seeking leave to file additional documents)

7. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of CPC [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’)], filed by the Plaintiff within 30 days.

8. The Plaintiff, if it wishes to file additional documents will file the same within thirty (30) days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 (‘DHC Rules’).

9. For the reasons stated in the application, the same is allowed.

10. Accordingly, the application is disposed of.

CS(COMM) 1333/2025

11. The present suit has been filed for permanent injunction restraining infringement of trade marks, copyright, disparagement, defamation, damage to reputation, passing off and other ancillary rights against the Defendants.

12. Let the plaint be registered as a suit.

13. Summons be issued to the Defendants by all permissible modes on filing of process fee. Affidavit of service(s) be filed within two weeks.

14. The summons shall indicate that the written statement(s) must be filed within thirty (30) days from the date of receipt of the summons. The

Defendants shall also file affidavits of admission/denial of the documents filed by the Plaintiff, failing which the written statement(s) shall not be taken on record.

15. The Plaintiff is at liberty to file replication thereto within thirty (30) days after filing of the written statement(s). The replication shall be accompanied by affidavits of admission/denial in respect of the documents filed by the Defendants, failing which the replication shall not be taken on record.

16. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

17. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

18. List before the Court on 30.01.2026.

I.A. 31184/2025(application under Order XXXIX Rule 1 and 2 CPC)

19. This is an application under Order XXXIX Rule 1 & 2 CP

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top