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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 24^th March, 2022

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CS (COMM) 657/2021 & I.A. 16736/2021

LEVI STRAUSS AND CO.

..... Plaintiff

Through:

Mr. Dushyant K. Mahant, Mr. Urfee

Roomi and Mr. Vishesh Kumar,

Advocates. (M:9811600017)

versus

IMPERIAL ONLINE SERVICES PRIVATE LIMITED

& ORS.

..... Defendants

Through:

Ms. Shilpa Gamnani, Advocate.

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1.

This hearing has been done through hybrid mode.

2. The present suit seeking permanent injunction restraining trademark

infringement, copyright infringement, passing off of trademark and other

reliefs has been filed by the Plaintiff - Levi Strauss & Co. In the suit, the

Plaintiff seeks protection of its stitching design, which is known as ‘Arcuate

Stitching Design’ mark. The said mark, as per the Plaintiff, was adopted in

1873 and is used on all the textiles including denim jeans, which are

manufactured and sold by the Plaintiff. The said mark is as extracted below:

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001222

3. The grievance of the Plaintiff is that the Defendants were also selling