Bombay High Court
Nike Innovate C V vs Divine Collection on 2 September, 2025
Digitally
signed by
KAWRE
2025:BHC-OS:14412
KAWRE KIRAN
KIRAN KALYAN
1/5 34-IAL-11150-2025.DOC
KALYAN Date:
2025.09.03
20:04:25
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO. 11150 OF 2025
IN
COMMERCIAL IP SUIT (L) NO. 10987 OF 2025
Nike Innovate C V ... Applicant/Plaintiff
Vs.
Divine Collection & Ors. ... defendants
_______
Mr. Rajas Panandikar i/b Shekhar Bhagat, for Applicant/Plaintiff.
Ms. Simran Kazi i/b Ratil Siddiqui for Defendant No.9.
Mr. Rucha Ambekar, Master (Adm.) for Court Receiver, Present.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 2nd SEPTEMBER 2025
P.C.
1. The matter is listed on board today under the caption for further consideration.
2. Learned counsel appearing on behalf of the applicant/plaintiff first has invited my attention to an order dated 25 th April, 2025 by which this Court had granted the applicant/plaintiff ex-parte ad-interim relief in terms of prayer clauses (a) to (d) of the interim application. He then pointed out that the order Kiran Kawre ::: Uploaded on - 03/09/2025 ::: Downloaded on - 03/09/2025 21:30:01 ::: 2/5 34-IAL-11150-2025.DOC granting ex-parte ad-interim relief has been executed by the Additional Special Receiver appointed by this Court. He then submitted that the defendant Nos.3 to 5, 6 & 9 had thereafter entered appearance. Except for Defendant No.9 other Defendants have not filed Vakalatnama. Other Defendants though served, have not appeared.
3. Learned counsel has placed reliance upon an affidavit of service placed on record to prove service of the interim application as also the captioned Commercial IP Suit on the said defendants. Learned counsel has also invited my attention to the order dated 12 th August 2025 which recorded that though the defendants had initially approached the plaintiff for settlement, the same was not taken further.
4. In this backdrop, learned counsel today submits that the interim application be made absolute. Given the fact that the defendants though served have chosen not to defend the interim application nor have sought any time to file any affidavit in reply to contest the applicants' case as set out in the interim application. I find no reason why the Interim Application should not be taken up for final disposal.
Kiran Kawre
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5. Having heard learned counsel and having perused the interim application, it is clear that the impugned goods being manufactured and sold by the defendants, are plainly counterfeit products of the applicant/plaintiff's internationally well-known brand.
6. In my view, the conduct of the defendants is compounded by fact that they have not chosen to appear and defend the interim application. Having perused the impugned product/goods, the only irresistible conclusion I can draw is that the defendants can have no defence since the products are ex-facie counterfeit.
7. Hence, in my view, the interim application deserves to be made absolute in terms of prayer clauses (a) to (d) which reads thus:
"a. that pending the hearing and final disposal of the suit, the Court Receiver, High Court, Bombay be appointed under Order XL Rule 1 of Code of Civil Procedure, 1908 and also under Order XXXIX, Rule 7 of Code of Civil Procedure, 1908 as the Receiver of the Defendant's impugned good bearing the impugned marks/ labels and/ or any other identical or deceptively similar marks/ labels which may be infringing the Plaintiff's intellectual property rights, by taking protection of local police authorities, if needed, and in presence of Plaintiff's representative (during day and night and even on Sunday or Holiday/s by breaking open the seal or lock of the Defendant's premises or wherever the impugned goods are stocked, and without payment of cost) and keep the seized impugned goods bearing the impugned marks/ labels in the possession of the Defendants and/or Kiran Kawre ::: Uploaded on - 03/09/2025 ::: Downloaded on - 03/09/2025 21:30:01 ::: 4/5 34-IAL-11150-2025.DOC Defendants' distributors, agents, representatives and/or Importers under the seal of Ld. Court Receiver, High Court, Bombay and also to take charge and possession of all other goods, records, account books showing manufacture, stock and/or sale/ export of impugned products and/or impugned marks/ labels in possession and control of the Defendants after obtaining the undertaking/s from the Defendants that they would protect the sealed and seized products during the pendency of suit;
b. that pending the hearing and final disposal of the Suit, Defendants by themselves as also through their retailers, proprietor or partner ( whichever may be the case), agents, servants, assigns, representatives, successors, distributors and all others acting through the Defendants or for them, is restrained by an order of temporary injunction of this Hon'ble Court from infringing the Plaintiff's registered Trade Marks NIKE, , , , FLYKNIT, JORDAN, AIR JORDAN, and DRI-FIT bearing Registration No. 346173, 453268, 349455, 509574, 2310758, 537614, 1083357, 1551293, 1105863 and also from passing off the Defendants' impugned goods bearing the impugned marks/ labels as and for that of the Plaintiff's said goods, in any manner whatsoever; c. that pending the hearing and final disposal of the Suit, Defendant by itself as also through their retailers, proprietor, directors, agents, servants, assigns, representatives, successors, distributors and all others acting through Defendant by an order of a temporary injunction of this Hon'ble Court from infringing the Plaintiff's Copyright in the artistic works involved in its said trademarks/ labels by using the impugned artwork Kiran Kawre ::: Uploaded on - 03/09/2025 ::: Downloaded on - 03/09/2025 21:30:01 ::: 5/5 34-IAL-11150-2025.DOC and/or a same and/or similar artwork, so as to infringe the copyright of the Plaintiff in any manner whatsoever;
d. that pending the hearing and final disposal of the Suit, Defendant by itself as also through their retailers, proprietor, directors, agents, servants, assigns, representatives, successors, distributors and all others acting through Defendant by an order and decree of temporary injunction from distributing, trading, selling (wholesale and retail), offering for sale, displaying, soliciting, marketing and networking and/or otherwise dealing in the impugned goods bearing the impugned marks/ labels or any other mark/ label which may be identical with and/or deceptively similar to the Plaintiff's well-known and well-recognised said trademarks/ labels and/or any other marks/ labels, so as to pass off or enable others to pass off the Defendants' impugned goods and business as that for the Plaintiff's said goods, or in any other manner whatsoever;"
8. In view of the fact that the interim application is being disposed of in the aforesaid terms, the Court Receiver's Report No.233 of 2025 shall also stand disposed of. All the necessary cost/charges and expenses of the Receiver shall be borne by today. The Receiver's Report stands deserves disposed of.
(ARIF S. DOCTOR, J.) Kiran Kawre ::: Uploaded on - 03/09/2025 ::: Downloaded on - 03/09/2025 21:30:01 :::