ABHI TRADERS vs FASHNEAR TECHNOLOGIES PRIVATE LIMITED & ORS.

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 28th April, 2025 + CS(COMM) 180/2024 and I.A. 4770/2024 ABHI TRADERS .....Plaintiff Through: Mr. Anshuman Upadhyay, Mr. Naseem, Ms. Shreyas Mehrotra & Mr. Manish Kumar, Advocates. versus FASHNEAR TECHNOLOGIES PRIVATE LIMITED & ORS. .....Defendants Through: None. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the copyright of the plaintiff, passing off their products as that of the plaintiff, along with other ancillary reliefs. PLEADINGS IN THE PLAINT 2. The plaintiff, Abhi Traders, is engaged in the business of clothing for women and men since December, 2021. The plaintiff itself designs and manufactures the said goods and sells them under its trademark ‘Ibrana/ ’. 3. The plaintiff is the owner of proprietary rights in various photographs used for advertising and promotion of the plaintiff’s products i.e. designer ethnic clothing for females. The said photographs were taken by the plaintiff and designed by professional designers for the sake of consideration in Signature Not Verified Digitally Signed CS(COMM) 180/2024 Page 1 of 10 By:DHARMENDER SINGH Signing Date:05.05.2025 13:41:30 favour of the plaintiff without any agreement to contradictory. Hence, under Section 17(b) of the Copyright Act, 1957, the plaintiff is the first owner of copyrights on the original and artistic designs of its products, and the photographs/pictures showing dresses designed for/by the plaintiff, photographed from different angles as to showcase the originally created designs of women’s wear manufactured by the plaintiff. 4. The plaintiff’s products bearing the mark ‘Ibrana’ are advertised and prom