EXOTIC MILE vs IMAGINE MARKETING PVT LTD

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 29 May 2025 Pronounced on: 15 September 2025 + FAO(OS) (COMM) 20/2020, CM APPLs. 61732/2024, 61733/2024, 17866/2025 & 27609/2025 EXOTIC MILE .....Appellant Through: Mr. Akhil Sibal, Sr. Adv. with Mr. Gaurav Miglani, Ms. Archana Sahadeva, Mr. Sharabh Shrivastava, Ms. Taaniyaa Dograa, Ms. Anushka Aman, Mr. Harshit Bhoi, Mr. Krishnesh Bapat and Ms. Sarah Haque, Advs. versus IMAGINE MARKETING PVT LTD .....Respondent Through: Mr. Mukul Rohatgi, Mr. Jayant Mehta and Mr. J. Sai Deepak, Sr. Advs. with Ms. Anuradha Dutt, Mr. Tushar Jarwal, Ms. Suman Yadav, Mr. Sachin Gupta, Ms. Nikhita K. Suri, Mr. Arunabha Ganguli, Ms. Atishree Sood, Mr. Raghav Dutt and Mr. Gurudas Khurana, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL % JUDGMENT 15.09.2025 C. HARI SHANKAR, J. An Overview 1. The order impugned in the present appeal has been rendered by a learned Single Judge of this Court in IA 13041/2019 and IA Signature Not Verified FAO(OS) (COMM) 20/2020 Page 1 of 47 Digitally Signed By:AJIT KUMAR Signing Date:15.09.2025 16:26:38 14039/2019. Both applications were filed in CS (Comm) 519/20191, in which the respondent Imagine Marketing Pvt Ltd2 is the plaintiff and the appellant Exotic Mile3 is the defendant. IA 13041/2019 was preferred by IMPL under Order XXXIX Rules 1 and 2 of the CPC4, seeking interim injunction, pending disposal of the suit, against EM using the marks BOULT, , and , or any other mark which, according to IMPL, was deceptively similar to IMPL’s registered trade marks and . IA 14039/2019, preferred by EM, sought vacation of the ex parte ad interim order of injunction already granted. 2. The learned Single Judge has, in the impugned order, injuncted EM from using the marks , and , pe