Rahul Mishra Vs Nishchay Sajdeh:04/08/2025:CS(COMM) 786/2025: High Court of Delhi:Hon'ble Mr. Justice Tejas Karia
Facts: The case involves Rahul Mishra and another plaintiff alleging that the defendants infringed their copyright in the "Tigress Artistic Work" by producing and selling garments with identical designs, including distinctive floral motifs, as part of the plaintiffs' renowned "Sunderbans" collection.
Procedural Background: The plaintiffs filed an application under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (CPC) as applicable to commercial suits under the Commercial Courts Act, 2015 (CC Act) for leave to place additional documents on record. They also sought exemption from pre-litigation mediation under Section 12A of the CC Act, citing urgency for interim relief, supported by a Supreme Court judgment. Summons were issued to the defendants, and the suit was instituted against them.
Core Dispute: The central dispute is the unauthorized reproduction and sale of the plaintiffs' copyrighted Tigress Artistic Work by the defendants, who are accused of passing off inferior quality products as those of the plaintiffs, thereby affecting the plaintiffs' brand integrity, market standing, and creative legacy. The defendants allegedly source the infringing fabric from Defendant No. 2, forming a chain of infringement.
Decision: The court granted ex parte injunction in fvaour of Plaintiff restraining the defendants from using Tigress Artistic Work" by producing and selling garments with identical designs, including distinctive floral motifs .
Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
Disclaimer: This information report is intended for informational purposes only and does not constitute legal advice.
