This appeal is filed under Section 13(1A) of the

Commercial Courts Act, 2015 read with order XLIII of the

Code of Civil Procedure, 1908, assailing the order dated

17.08.2023 passed on I.A.Nos.1/2023 to 4/2023 in

Com.O.S.No.909/2023 on the file of the LXXXIX Addl. City

Civil and Sessions Judge, Bengaluru (for short, 'the

Commercial Court').

2.

The parties are referred to as per their

respective ranking before the Commercial Court.

3.

Brief facts giving rise to filing of this appeal are

that the respondent-plaintiff has filed commercial suit

seeking following prayers:

"A.

An

order

for

permanent

injunction

restraining the Defendant, its officers, servants,

agents, and all other persons claiming through or

under them from, in any manner whatsoever,

infringing, adopting and/or using the Plaintiff's

registered trademarks 'Sunday' and 'Sunday

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Life', or any other mark identically or deceptively

similar thereto;

B.

An

order

for

permanent

injunction

restraining the Defendant, its officers, servants,

agents, and all other persons claiming through or

under them from, in any manner whatsoever,

passing off their furniture and home furnishings

as the furniture and home furnishings provided

by the Plaintiff by adopting and/or using the

Plaintiff's registered trademarks 'Sunday' and

'Sunday Life', or any other mark identical or

deceptively similar thereto, including by way of

using

the

Plaintiff's

registered

trademarks

'Sunday' and 'Sunday Life' as part of their trade

name or in any manner whatsoever;

C.

An

order

for

permanent

injunction

restraining the Defendant, its officers, servants,

agents, and all other persons claiming through or

under them from, in any manner whatsoever,

passing off their products as the products offered

by the Plaintiff by using the domain name

"http://www.sundaydesign.in/"

or

any

other

domain

name

incorporating

the

Plaintiff's

registered trademarks 'Sunday' and 'Sunday Life'

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or any other mark identical or deceptively similar

thereto;

D.

An

order

for

permanent

injunction

restraining the Defendant, its officers, servants,

agents, and all other persons claiming through or

under them from , in any manner whatsoever,

passing off their products on various social

media pages including on Facebook, Twitter,

Instagram, LinkedIn, as products offered by the

Plaintiff by incorporating the Plaintiff's registered

trademarks 'Sunday' and Sunday Life', or any

other mark identical or deceptively similar

thereto;

E.

An order for deliver-up to the Plaintiff by

the Defendant, its officers, servants, agents, and

all other persons claiming through or under

them,

of

all

infringing

goods,

advertising

materials,

memorabilia,

printed

matter,

publications, including brochures, pamphlets,

stationery and any other materials bearing the

trademarks 'Sunday' and 'Sunday Life', or any

other mark identical or deceptively similar

thereto

for

the

purposes

of

erasure

or

destruction;

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F.

An order directing the Defendant to render

honestly and faithfully true accounts of the

profits that the Defendant has derived by

promoting its products the Plaintiff's registered

trademarks 'Sunday' and 'Sunday Life' or any

other mark identical or deceptively similar

thereto and directing payment of such profits to

the Plaintiff by way of damages for infringing and

passing off the trademark of the Plaintiff."

4.

It is averred that the plaintiff company is into

the businesses of manufacturing and selling of home

furniture specifically mattresses and accessories such as

pillows and mattress covers including cots and desks. The

plaintiff is selling its products under the brand name

'Sunday' in several cities across the country from 2015.

The plaintiff for protection of its right has registered four

trademarks 'Sunday' in Class 20, 'Sunday' in Class 24,

'Sunday Life' in Class 20 and Class 24. It is further

averred that the products of the plaintiff has been widely

recognized for high quality, affordability and unique

features. It is al