KHILENDER GUPTA TRADING AS M/S BOBBY ENTERPRISES vs M/S HIND FOOD PRODUCT & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 100/2025 KHILENDER GUPTA TRADING AS M/S BOBBY ENTERPRISES .....Appellant Through: Mr. Ankit Jain, Sr. Adv. with Mr. Shantnu Aggarwal and Ms. Sakshi Garg, Advs. versus M/S HIND FOOD PRODUCT & ORS. .....Respondents Through: Ms. Swathi Sukumar, Sr. Adv. with Ms. Prakriti Varshney and Mr. Prashant, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 25.04.2025 C.HARI SHANKAR, J. 1. Khilender Gupta, trading in the name and style of M/s Bobby Enterprises, assails, in this appeal, order dated 7 April 2025 passed by the learned District Judge (Commercial)1, in applications filed by the appellant under Order XXXIX Rules 1 and 2 and Order XXVI Rule 9 of the Code of Civil Procedure, 19082, in CS (Comm) 26/20253. 2. CS (Comm) 26/2025 was instituted by Khilender Gupta before 1 “the learned Commercial Court”, hereinafter 2 “CPC”, hereinafter 3 Khilender Gupta v Hind Food Product 1999. The appellant claimed to be the registered owner of the trademark BOOM BOOM and also that the trade dress/label/packaging under which the appellant sold its products constituted an “artistic work” within the meaning