DANONE ASIA PACIFIC HOLDINGS PTE. LTD. vs M/S ROCKWELL PHARMACEUTICALS & ORS.

Judgment text excerpt

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08.05.2026 + CS(COMM) 905/2024 DANONE ASIA PACIFIC HOLDINGS PTE. LTD. .....Plaintiff Through: Mr. Krishna V.S., Advocate. versus M/S ROCKWELL PHARMACEUTICALS & ORS. .....Defendants Through: None. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA TEJAS KARIA, J. (ORAL) I.A. 12915/2026 1. This Application has been filed on behalf of the Plaintiff under Order XIII A of the Code of Civil Procedure, 1908 (“CPC”) seeking Summary Judgment against Defendant Nos. 1, 3, 4, 5 and 6. 2. The present Suit has been filed by the Plaintiff, inter alia, seeking permanent injunction retraining the Defendants from infringement of the Plaintiff’s Trade Mark and passing off. 3. Vide order dated 16.10.2024, this Court granted injunction restraining Defendant Nos. 1 to 3 from using the Mark ‘PROTEX’ (“Impugned Mark No. 1”), and Defendant Nos. 4 to 6 from using the Mark ‘PROTRILEX’ (“Impugned Mark No. 2”), or any other Mark that is deceptively similar to Signature Not Verified Signed By:NEELAM CS(COMM) 905/2024 Page 1 of 11 SHARMA Signing Date:14.05.2026 13:22:26 the Plaintiff’s registered Mark ‘PROTINEX’ (‘Plaintiff’s Mark’). Further, the Court issued summons to the Defendants in the present Suit. 4. Vide order dated 28.02.2025, this Court issued fresh summons to the Defendants through all permissible modes, upon the Plaintiff taking requisite steps. 5. Vide order dated 08.08.2025, the learned Joint Registrar observed that the affidavit of service dated 21.04.2025 records that service of summons on Defendant No. 1 had been effected on 19.04.2025, and another affidavit of service dated 10.03.2025 records that Defendant Nos. 5 and 6 were served on 01.03.2025. Further, it was also observed that vide order dated 20.02.2025, it was recorded th