CS(COMM) 393/2022 Page 1 of 64

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(COMM) 393/2022 & CRL. M. A. 12694/2022

METIS LEARNING SOLUTIONS PRIVATE

LIMITED

..... Plaintiff

Through:

Ms. Zehra Khan, Advocate.

versus

FLIPKART INDIA PRIVATE LIMITED & ORS. ..... Defendants

Through:

Mr. J.S. Bakshi, Senior Advocate

with Mr. Tarun, Mr. Ankit, Mr. Rhythm Katyal,

Mr. Amitesh Bakshi and Mr. Abhishek Mohan

Sinha, Advocates for D-3.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

JYOTI SINGH, J.

I.A. 9121/2022 (under Order 39 Rules 1, 2 and 7 CPC, by Plaintiff) &

9775/2022 (under Order 39 Rule 4 CPC, by Defendant No.3)

1.

This judgment shall dispose of an application preferred on behalf of

the Plaintiff under Order 39 Rules 1, 2 and 7 CPC as well as an application

under Order 39 Rule 4 CPC filed on behalf of Defendant No.3 (hereinafter

referred to as ‘Defendant’).

2.

Present suit has been filed by the Plaintiff seeking a decree of

permanent injunction restraining Defendants and others acting on their

behalf from advertising, offering for sale or selling their products on

e-commerce sites as well as from using the registered corporate names or

domain names bearing the tradename ‘Newton Box’ and/or any mark

deceptively similar to the Plaintiff’s registered trademark ‘Einstein Box’

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003092

CS(COMM) 393/2022 Page 2 of 64

and/or formative marks amounting to infringement of Plaintiff’s registered

trademark as well as from copying, reproducing, adapting, rearranging the

‘Einstein Box’ products of the Plaintiff, amounting to infringement of

copyright. Restraint is also sought against passing off, dilution and

tarnishment along with reliefs of delivery up and damages.

3.

It is averred in the plaint that Plaintiff is a company incorporated

under the Companies Act, 1956 on 02.05.2005. Defendant No.1 is Flipkart,

an e-commerce company, through which Defendant sells its products. Sale

of impugned products from Defendant No.1’s website was channelled

through Defendant No.2 from Defendant No.1’s warehouse.

4.

It is further averred that in the year 2014, Plaintiff undertook

extensive research into interactive tools to aid early learning for children.

Inspired by the famous quote of the world-renowned physicist Albert

Einstein, “Every child is born a genius”, Plaintiff created games and books

that would help unlock the genius in every child. Plaintiff developed

learning activities and games in the form of kits for children upto the age of

14 years under the brand/ tradename “Einstein Box”. The inspiration behind

associating name of the world-renowned physicist Albert Einstein with the

products of the Plaintiff was to showcase and market the products of the

Plaintiff as one of its kind foundational learning and development toys. Each

Einstein Box product has age-appropriate books, games and activities.

5.

It is pleaded that Plaintiff introduced and launched the first set of

Einstein Box products for the age group of 01 to 06 years in October 2016.

Over six years, between 2016 and 2022, Plaintiff has launched more than 28

kits and to ensure that they reach the target market, it has been selling the

Einstein Box products only on large e-commerce sites like Amazon and

Flipkart and on its own brand website www.einsteinbox.in.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003092

CS(COMM) 393/2022 Page 3 of 64

6.

It is stated that each Einstein Box has been produced with huge

effort and investment. Plaintiff has a dedicated production team of 3-5