M/S P V PRODUCTS & ORS. vs M/S. TEJ RAM DHARAM PAUL & ANR.

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 193/2025, CM APPL. 44439/2025, CM APPL. 44440/2025, CM APPL. 44441/2025 & CM APPL. 44442/2025 M/S P V PRODUCTS & ORS. .....Appellants Through: Mr. Arnav Goyal and Mr. G.D. Bansal, Advs. versus M/S. TEJ RAM DHARAM PAUL & ANR. .....Respondents Through: Mr. Shailen Bhatia, Ms. Deeksha Gulati and Mr. Varun Kajla, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA ORDER (ORAL) % 04.08.2025 C. HARI SHANKAR, J. 1. This appeal assails an ex parte ad interim order dated 26 May 2025 passed by the learned District Judge (Commercial Court)1, Patiala House Courts, New Delhi, in an application filed by the respondent-plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 19082 in a trademark infringement suit. 2. By the impugned order, the learned Commercial Court has, while issuing notice in the application under Order XXXIX Rules 1 1 “the learned Commercial Court” hereinafter 2 “CPC” hereinafter FAO (COMM) 193/2025 Page 1 of 4 Signature Not Verified Signed By:GUNN Signing Date:06.08.2025 11:32:43 and 2, passed an ad interim order of injunction against the appellant in the following terms: “24. Consequently, till the next date of hearing, the defendants, their officers, servants, agents, dealers, distributors and all others acting for and on their behalf are restrained from using the impugned trademark/packaging COOL1 / on goods i.e. mouth freshner and other allied/cognate goods thereby infringing the plaintiffs' mark, copyright and passing off their goods and services as that of plaintiffs.” 3. Additionally, the learned Commercial Court appointed a Local Commissioner to visit the premises of the appellant and to inventorise and take into custody goods which were found