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2022 Supreme(Del) 1903

MUKTA GUPTA, MANOJ KUMAR OHRI
Tata Sons Private Limited – Appellant
Versus
Hakunamatata Tata Founders – Respondent


Advocates appeared:
Mr. Pravin Anand, Mr. Achuthan Shreekumar & Mr. Rohil Bansal, Advocates., for the Appellant; None., for the Respondents

JUDGMENT

Manoj Kumar Ohri, J. - The present appeal has been filed under Section 13(1A) of the Commercial Courts Act, 2015 read with Section 10(1) of the Delhi High Court Act, 1966 read with Order 43(1)(r) and Section 151 CPC on behalf of the appellant assailing judgment dated 26.10.2021 passed by the learned Single Judge of this Court, whereby the appellant/plaintiff's application under Order 39 Rules 1 and 2 CPC, registered as IA No.8000/2021 in CS(COMM) 316/2021, was dismissed.

2. The appellant, in a suit for permanent injunction restraining infringement of registered trademarks, passing off, dilution and tarnishing of trademarks and copyrights etc., has sought ad-interim injunction against the respondents/defendants from using its registered trademark 'TATA' for business purposes. It is generally alleged by the appellant in the suit that the respondents are businesses registered in the United Kingdom and the United States, which are using its trademark for doing online trading in cryptocurrency through their website(s) 'www.tatabonus.com' and 'www.hakunamatata.finance'. It is further alleged that the websites are accessible in India and are in fact accessed by visitors from Delhi

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