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2026 Supreme(Online)(Del) 16278
IN THE HIGH COURT OF DELHI AT NEW DELHI
Anup Jairam Bhambhani, J
MOHAMMED NAWAZ SHAIKH VS. JOHN DOE/ASHOK KUMAR AND ORS
CS(COMM) 786/2026 | I.A. 19585/2026 | I.A. 19589/2026
For the Appellants/Petitioners: Pravin Anand, Vaishali Mittal, Siddhant Chamola, Shivang Sharma
For the Respondents:
The court granted an ex-parte ad-interim injunction in a trademark dispute, ruling that a prima facie case of infringement was established due to the similarity of the marks and the significant reputation and goodwill of the plaintiff's 'NOTIFIER' brand.
Headnote:(A) Pre-litigation Mediation - Exemption - Exemption from mandatory pre-litigation mediation under the Commercial Courts Act can be granted based on the facts and circumstances of the case and judicial precedents. (Para 11)
(B) Interim Injunction - Trademark Infringement - An ex-parte ad-interim injunction is maintainable where the plaintiff establishes a prima facie case, balance of convenience, and likelihood of irreparable loss, particularly when the defendant's mark is structurally, phonetically, and visually similar to a well-established registered trademark. (Para 25, 26)
Issues: Whether the plaintiffs are entitled to an ex-parte ad-interim injunction against the defendants to protect their 'NOTIFIER' trademarks.
| Table of Content |
|---|
| 1. procedural compliance and exemptions regarding documentation and pre-litigation mediation in commercial suits. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. registration of the suit and scheduling of pleadings and summons. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 3. establishing trademark reputation and demonstrating similarity between competing marks. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 4. application of the three-pronged test (prima facie case, balance of convenience, irreparable injury) for granting interim injunctions. (Para 25 , 26 , 27 , 28 , 29) |
O R D E R
I.A. 19587/2026 (exemption)
Exemption granted, subject to just exceptions.
Let requisite compliances be made within 01 week.
The application stands disposed-of.
I.A. 19590/2026 (permission for filing voluminous documents on a pen-drive)
By way of the present application filed under section 151 of the Code of Civil Procedure 1908, the plaintiffs seek permission to file voluminous documents showing reputation and goodwill of plaintiffs and their NOTIFIER marks on a pen drive.
2. For the reasons stated in the application, which is duly supported by an affidavit, the application is allowed.
3. The plaintiffs are granted liberty to file voluminous documents on a pen-drive.
4. The application stands disposed-of.
I.A. 19586/2026 (seeking leave to file additional documents)
5. By way of the present application filed under Order XI Rule 1(4) (as amended by the Commercial Courts Act, 2015) read with section 151 of the Code of Civil Procedure 1908 (‘CPC’), the plaintiffs seek extension of 30 days to file additional documents.
6. For the reasons stated in the application, which is duly supported by an affidavit, the application is allowed.
7. Let the additional documents be filed within 30 days.
8. The relevance and admissibility of the documents so filed will be considered subsequently.
9. The application stands disposed-of.
I.A. 19588/2026 (exemption from pre-litigation mediation)
10. By way of the present application filed under section 12A of Commercial Courts Act, 2015 read with section 151 of the CPC, the plaintiffs seek exemption from attempting pre-litigation mediation.
11. Having regard to the facts and circumstances of the present case, and in light of the judgment of the Supreme Court in Yamini Manohar vs. T.K.D. Keerthi1(2024) 5 SCC 815 and of a Division Bench of this court in Chandra Kishore Chaurasia vs. R A Perfumery Works (P) Ltd.22022 SCC OnLine Del 3529, the plaintiffs are exempted from attempting pre-litigation mediation.
12. The application stands disposed-of.
13. Let the plaint be registered as a suit.
14. Issue summons in the suit.
15. Upon the plaintiffs taking requisite steps within 10 days, let summons be sent to the defendants by all permissible modes, returnable for the next date before the learned Joint Registrar.
16. Let the summons indicate that the defendants are required to file written statement to the plaint within 30 days from the date of receipt of summons, alongwith affidavit of admission/denial of the documents filed by the plaintiffs. The plaintiffs may file replication to the written statement within 30 days thereafter, alongwith affidavit of admission/denial of the documents filed by defendants.
17. List before the learned Joint Registrar for completion of pleadings, for admission/denial of documents and marking of exhibits on 03rd November 2026.
18. List before court thereafter.
I.A. 19584/2026 (interim injunction)
19. By way of the present application filed under Order XXXIX Rules 1 and 2 read with section 151 of the CPC, the plaintiffs seek the following interim reliefs:
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20. Mr. Pravin Anand, learned counsel appearing on behalf of the plaintiffs submits, that the plaintiffs are registered proprietors of several ‘NOTIFIER’ trademarks in India, the earliest registration dating back to 1993, including for the wordmark ‘NOTIFIER’, the distinctive ’N’ device mark and various other NOTIFIE
