KORES (INDIA) LIMITED Vs. DOMS INDUSTRIES PRIVATE LIMITED

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present petition challenges the impugned order dtd. 4/1/2022, passed in CS (COMM) 312/19 titled Doms Industries Private Limited v. Kores India Limited, by which the application of the Petitioner/Defendant (hereinafter "Defendant") under Order XIV Rule 5 CPC for framing of additional issues has been rejected by the Commercial Court.

(3.) The submission of Mr. Abhishek Mishra, ld. Counsel appearing for the Defendant, is that the suit in this case was filed by the Respondent/Plaintiff (hereinafter "Plaintiff") for permanent injunction restraining infringement of trademarks, unfair trade practice, damages, etc. He submits that initially, prior to registration of the Plaintiff's marks, a suit being TM No.43/2018 titled Doms Industries Private Limited v. Kores (India) Limited, was filed by the Plaintiff against the Defendant, before the Ld. ADJ, Saket District Court (South East), Delhi, with regard to the mark "NEON" on the packaging of pencils. However, no injunction was granted against the Defendant in the said suit. The said decision dtd. 22/9/2018 is stated to have been appealed against before the High Court of Delhi. Thereafter, the present suit being CS (COMM) 312/19 was filed by the Plaintiff on the strength of five trademarks registrations bearing nos. 3689489, 3689490, 3689491, 3689492 and 3689493. In this suit, an interim injunction was granted on 5/11/2018, which is stated to be the subject matter of challenge in another appeal before the Delhi High Court.