Sandeep Sharma, Judge

Instant application under Order XXXIX Rules 1 and 2 of The Code of Civil Procedure , 1908 has been preferred at the behest of plaintiff seeking interim injunction to restrain the defendant including entities or/and persons acting for and on its behalf, from violating its statutory and common law rights in its registered trademarks ‘Glucon-D’ and ‘Glucon-C’ and associated registered label marks, as well as trade dress rights in packaging, and copyright in artwork on such labels and packaging, by using the marks ‘Glucose-D’ and ‘Glucose-C. The products are glucose-based powders combining glucose and Vitamin D or Vitamin C to be mixed with water and consumed as an energy drink which are sold and manufactured by both parties. The subject matter of the plaint is a commercial suit as defined in Section 2(1)©(xvii) of The Commercial Courts Act , 2015.

2. Plaintiff, Zydus Wellness Products Ltd, is an Indian company engaged in the business of food, nutrition and skincare products. The plaintiff is, inter alia, the registered proprietor of several trademarks, but for the purpose of the present plaint, the trademarks ‘Glucon-D’ and ‘Glucon-C’ are the ones relevant for cons