2011 (8) TMI 1286 - HC - Companies Law

Summary

Issues involved: Application for filing legible copies of documents, issuance of summons to defendant, mediation possibility, infringement of trademarks, grant of ad-interim protection.

Application for filing legible copies of documents:
The plaintiff is directed to file legible copies of documents within eight weeks, with original documents to be filed with the replication.

Issuance of summons to defendant:
Subject to the plaintiff taking steps within one week, summons are to be issued to the defendant by ordinary process, registered A.D. post, and through approved courier. The defendant must file a written statement within four weeks of receiving the summons, with liberty given to the plaintiff to file replication and rejoinder within two weeks of receiving the advance copy of the written statement and reply.

Mediation possibility:
The plaintiff expresses willingness to explore settlement through mediation. Parties are encouraged to access the facility of negotiating a settlement before the Delhi High Court Mediation and Conciliation Centre. The defendant may inform the plaintiff in writing if desiring mediation, with such notice considered as consent to the mediation process. Participation in mediation is without prejudice to the parties' rights in the suit.

Infringement of trademarks and grant of ad-interim protection:
The plaintiff alleges infringement of registered trademarks COKE and COKE STUDIO by the defendant, claiming imitation and misuse of the brands. The court finds a prima facie case for granting ad-interim protection to prevent misleading consumers and protect the plaintiff's goodwill. The defendant is restrained from using the trademarks in various ways and from transferring the domain name to the plaintiff. The National Internet Exchange of India is directed to block the domain name to prevent its use or transfer, with an exception if the defendant wishes to transfer it to the plaintiff.

This judgment addresses various issues including the filing of documents, issuance of summons, mediation possibility, and the grant of ad-interim protection in a case involving the alleged infringement of trademarks. The court emphasizes the importance of protecting the plaintiff's goodwill and preventing consumer confusion, ultimately restraining the defendant from using the trademarks and directing actions to block the domain name in question.