Case Title: Puja Agarwal Vs. Pravesh Narula Date of Order: 5th May 2025 Case No.: CS (COMM) No. 2732/2021 :2025:DHC:3800:Court: High Court of Delhi Judge: Hon'ble Mr. Justice Amit Bansal
Facts:
The plaintiff, Puja Agarwal, initially filed a suit primarily for copyright infringement. During the pendency of the suit, the plaintiff obtained registration of a trademark (no. 4242962) for the mark “RD SPECIAL” on goods in Class 25. Subsequently, the plaintiff sought to amend the plaint to incorporate a claim for trademark infringement and passing off, which was initially absent.
Procedural Details:
The defendant challenged the amendment, arguing that it changed the fundamental nature of the original suit. The Court allowed the amendment, noting that the suit was still at an early stage and issues had not yet been framed. The Court observed that the law encourages amendments to avoid multiplicity of litigation, provided it serves the cause of justice. The Court, however, did not delve into the merits of the case at this juncture.
Issue:
Whether the proposed amendment which introduces a claim for trademark infringement and changes the scope of the original suit from solely copyright infringement to include trademark infringement, should be permitted at this stage.
Decision:
The Court allowed the amendment, emphasizing that the suit was still at an early stage, and permitting amendments aligns with principles discouraging multiplicity of litigation. The Court clarified that it was not deciding on the merits but was ensuring that justice is served by allowing the amended pleadings.
