LOREAL S.A. vs ASHOK KUMAR AND OTHERS & ORS

Judgment text excerpt

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 474/2021, I.A. 12603/2021, I.A. 12608/2021, I.A. 12609/2021 & I.A. 47983/2024 LOREAL S.A. .....Plaintiff Through: Mr. Rishabh Gupta, Adv. M: 9711447472 Email: [email protected] versus ASHOK KUMAR AND & ORS. .....Defendants Through: Mr. Rishabh Dev Mishra, Adv. for D- 3 (Through VC) Mr. Rajesh Gogna, CGSC with Mr. Mohd. Bilal, Ms. Priya Singh, Mr. Nishant Sharma and Ms. Archana Roy, Advs. for D-4. M: 9911222251 Email: [email protected] CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 04.03.2025 MINI PUSHKARNA, J: (ORAL) I.A. 47983/2024 (Application under Order XIII-A Rules 3 and 4 of the Code of Civil Procedure, 1908 for Summary Judgment) 1. The present application has been filed by the plaintiff under Order XIII-A, Rules 3 and 4 of the Code of Civil Procedure, 1908 (“CPC”), as amended by the Commercial Courts Act, 2015, for passing a summary judgment and decree in favour of the plaintiff. Signature Not Verified Digitally Signed CS(COMM) 474/2021 Page 1 of 12 By:AMAN UNIYAL Signing Date:30.03.2025 14:57:30 2. The present suit has been filed by the plaintiff seeking relief of permanent injunction restraining the defendant no.1 from infringement of registered trademark and copyright of the plaintiff and other conjuncted reliefs of passing off, delivery up, damages, rendition of accounts, etc. 3. The grievance of the plaintiff is that there are unknown defendants who are infringing plaintiff’s trademark i.e., “L’Oreal”, , , , , and are committing fraud and misleading prospective consumers/business entities/general public by impersonating the plaintiff’s employees to lead the consumers into believing that they are acting on behalf of the plaintiff. 4. The case, as canvassed in the present plaint, is