Delhi High Court - Orders
Xx vs Y on 2 December, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1280/2025 & I.As. 30010-14/2025
XX .....Plaintiff
Through: Mr. Udit Sharma, Advocate
versus
Y .....Defendant
Through: None
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 02.12.2025 I.A. 30250/2025 (for extension of time to file court fee)
1. This is an application under Section 149 read with Section 150 of the Code of Civil Procedure, 1908 („CPC‟) seeking extension of time to file court fee.
2. Learned counsel for the Plaintiffs‟ states that court fee has been applied for and the court fee certificate shall be deposited within one (1) week.
3. The period for extension is granted for one (1) week failing which the plaint shall stand rejected under Order VII Rule 11(b) CPC.
4. The application stands disposed of.
I.A. 30014/2025 (seeking to mask the identities of parties to the suit)
5. This is an application under Section 151 of CPC seeking to mask the identities of parties to the instant suit.
6. The Plaintiffs apprehend the failure of the Local commissioner if the CS(COMM) 1280/2025 Page 1 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14 identity of the Defendant is revealed and has requested masking of identities of parties, till the filing of the report of the Local Commissioner in compliance with the Practice Direction No.139/Rules/DHC dated 27.05.2025.
7. Exemption is granted, subject to all just exceptions.
8. Accordingly, the application stands disposed of. I.A. 30013/2025 (seeking exemption from advance service to the Defendant)
9. This is an application under Section 151 of CPC seeking exemption from service to the Defendant.
10. In view of the fact that, the Plaintiffs‟ have sought an ex-parte ad- interim injunction along with the appointment of a Local Commissioner, the exemption from effecting advance service upon the Defendant is granted.
11. Accordingly, the application stands disposed of. I.A. 30012/2025 (seeking exemption from pre-institution mediation)
12. This is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC, seeking exemption from instituting pre-litigation mediation and settlement.
13. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the Plaintiffs.
14. Accordingly, the application stands disposed of. CS(COMM) 1280/2025
15. The present suit has been filed for permanent/perpetual injunction, infringement of design, trademark, copyright, passing off and other ancillary CS(COMM) 1280/2025 Page 2 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14 reliefs against Defendant.
16. Let the plaint be registered as a suit.
17. Summons be issued to Defendant by all permissible modes on filing of process fee. Affidavit of service be filed within two (2) weeks.
18. The summons shall indicate that the written statement must be filed within thirty (30) days from the date of receipt of the summons. The Defendant shall also file affidavit of admission/denial of the documents filed by the Plaintiffs‟ failing which the written statement shall not be taken on record.
19. The Plaintiffs are at liberty to file replication(s) thereto within thirty (30) days after filing of the written statement. The replication(s) shall be accompanied by affidavit(s) of admission/denial in respect of the documents filed by Defendant, failing which the replication(s) shall not be taken on record.
20. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
21. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
22. List before learned Joint Registrar (J) on 12.01.2026.
23. List before Court on 07.05.2026.
I.A. 30010/2025 (Under Order XXXIX Rule 1 and 2 CPC)
24. This is an application filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC seeking interim injunction against the Defendant.
25. Mr. Udit Sharma, learned counsel of the Plaintiffs has set up the case of the Plaintiffs as under:
1(2024) 5 SCC 815 CS(COMM) 1280/2025 Page 3 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14 25.1 Plaintiff Nos. 1 and 2 are group companies carrying on business under the house mark HERO. The trademark „HERO‟ is also used in label and device marks / [„HERO marks‟]. Details of the Plaintiffs‟ trademark registrations have been set out at paragraph „16‟ of the plaint.
25.2 Plaintiff No.1‟s earliest registration of the wordmark HERO in Class 4 is Trademark Registration No. 2205777, with the date of registration being 15.09.2011. The trademark HERO, both as a word and its various artistic representations, has been registered by Plaintiff No. 1 in India. 25.3 Plaintiff No. 2 is engaged in the business of manufacturing and selling motorcycles, scooters, their parts, and accessories, under the 'HERO' marks since 09.04.1985. The said business of the Plaintiff No. 2 is being carried on under the tradename, i.e., 'HERO MotoCorp.', and HERO marks. Plaintiff No. 2, being a HERO Group Company, uses these trade marks by virtue of an authorisation letter dated 28.08.2018 issued by Plaintiff No.1 to Plaintiff No. 2.
25.4 The Plaintiffs use the Hero marks on diverse range of products, including industrial oils and lubricants. One such product of the Plaintiffs is the HERO Genuine engine oil [„HERO Oil‟]. HERO Oil‟s superior quality results from extensive research by the Plaintiffs, and its unique elements sets HERO Oil apart, making it distinct and superior to others. 25.5 The net sales turnover of Plaintiff No. 2 products "HERO GENUINE CS(COMM) 1280/2025 Page 4 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14 OIL" for the financial year 2021-2022 was Rs. 483.14 crores, as mentioned in paragraph „20‟ of the plaint2.
25.6 Plaintiff‟s HERO GENUINE ENGINE OIL is sold in distinctive, unique bottles/containers [„Suit design‟], with its trademarks prominently displayed on its distinguishing label. The bottles consist of a unique shape with a variety of novel features that distinguish them from other products in a similar category3.
25.7 Plaintiff No. 2 is the owner of the two bottle designs bearing registration nos. 311300 and 311301, applied on 25.10.2018.
25.8 By virtue of extensive and continuous use, the Plaintiffs‟ suit design and its accompanying label have become uniquely associated with the Plaintiffs, and consumers now identify the shape and configuration of the 2 Details of the sales figures and advertisement expenses of Plaintiff‟s product from 2020- 2022 is mentioned at paragraph 20 of the plaint.
3The key features of the Suit designs are mentioned at paragraph 27 of the plaint.
CS(COMM) 1280/2025 Page 5 of 17This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14 HERO Oil bottle as originating exclusively from the Plaintiffs.
26. The Defendant is engaged in the business of manufacturing and selling counterfeit engine oil/automotive lubricant bottles [„impugned product‟], bearing the mark „HERO‟ [„impugned Marks‟] which is identical to the Plaintiff No. 1‟s trade mark „HERO‟ and its device marks and bottle design [„impugned design‟] that are identical to Plaintiff‟s No. 2‟s registered Suit design.
27. It is stated that Plaintiff engaged an investing team, which visited the premises of the Defendant and found that:
a. Defendant is operating its business from its premises in Rajasthan and the bottles with the impugned design are manufactured there and both the empty and filled bottles of the impugned design can be supplied to New Delhi upon placement of a bulk order.
b. The investigator also procured certain samples such as:
i. Red bottle caps having the mark „HERO‟ engraved on them.
ii. MRP stickers
iii. The impugned design bottle.
c. The sample of the MRP sticker procured from the Defendant‟s premises bears the same Unique Product Identification („UPI‟) code as that of the Plaintiffs‟, namely CCBPMYJ23NHD, on all its stickers.
28. A comparison table showing Plaintiffs‟ original products and the items procured as samples by the investigator from the Defendant‟s premises is produced below:
CS(COMM) 1280/2025 Page 6 of 17This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14 CS(COMM) 1280/2025 Page 7 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14 CS(COMM) 1280/2025 Page 8 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14 CS(COMM) 1280/2025 Page 9 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14
29. Learned counsel for the Plaintiffs submit that the UPI code is an official security mechanism adopted by the Plaintiffs for verifying the authenticity of genuine HERO products and for distinguishing them from counterfeit goods and no two genuine products of the Plaintiffs can bear the same code.
29.1 He states that the presence of an identical UPI code on multiple stickers recovered from the Defendant‟s premises clearly indicates unauthorized duplication and confirms that the said products are not genuine HERO products.
29.2 He states that the unique, novel rectangular shape and configuration of the Plaintiffs‟ bottle have been entirely copied by the Defendant in its impugned product.
29.3 He states that the impugned design bottle has the same unique features as that of the Plaintiff‟s bottle such as the unique hexagonal shape, the slant on the top right side of the bottle, curve on the left corner of the bottle, quadrilateral border wherein the inside surface is depressed. Thus, it is an identical copy of the Plaintiff‟s suit design. 29.4 He states that the Defendant has fraudulently imitated the dotted surface pattern in its impugned product.
29.5 He states that the gold colour composition of the Plaintiffs registered CS(COMM) 1280/2025 Page 10 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14 suit design has been identically copied by the Defendant. 29.6 He states that the line composition of the Plaintiffs registered design has been copied by the Defendant.
29.7 He states that the Defendant is not an authorised dealer of the Plaintiffs‟ and has never been in any such capacity vis -a -vis the Plaintiffs. 29.8 He states that most of the Plaintiffs‟ customer base is of average intelligence who can‟t distinguish the impugned product of the Defendant from Plaintiffs‟ product on account of identical design and is bound to create confusion in the market.
29.9 He states that the Defendant‟s infringing activity is to deceive unwary consumers and create a false impression of association, sponsorship, or affiliation with the Plaintiffs‟ and thereby ride upon the goodwill and reputation of the Plaintiffs.
29.10 He states that the Defendant is neither the registered owner nor has obtained any license or written permission to use the Plaintiffs registered designs for its „HERO GENUINE OIL‟ bottles.
30. In view of the above submissions, it is prayed that the Defendants are liable to be restrained from the use of the impugned product bearing the impugned marks/design.
31. This Court has heard the learned counsel for the Plaintiffs‟ and perused the record.
32. Having considered the submissions advanced by the learned counsel for the Plaintiffs, the pleadings and the documents on record, a prima facie case has been made out by the Plaintiff for grant of an ex parte ad-interim injunction. This Court is satisfied that if an ex parte ad interim injunction is not granted at this stage, irreparable harm/ injury would be caused to the CS(COMM) 1280/2025 Page 11 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14 Plaintiff. Balance of convenience also lies in favour of the Plaintiffs, and against the Defendant.
33. Consequently, until the next date of hearing, the Defendant its associates and agents, directors, officers, employees, distributors, franchisee, representatives, and assigns are hereby restrained by an ad-interim ex parte temporary injunction from:
i. Trading, supplying, selling, marketing, in any manner including online sale or dealing in any other way, any goods and/or any other product which is identical and/or obvious fraudulent imitation of the Suit Designs, namely design no. 311300 and 311301 dated 25.10.2018 of the Plaintiff No. 1, thereby infringing Plaintiffs registered Suit Designs.
ii. Trading, supplying, selling, marketing whether through physical or online channels-or dealing in any manner in goods and/or any other products, including accessories under the Plaintiffs‟ HERO trademarks including the device marks or any other mark, logo, or label identical or similar to the Plaintiff's HERO trademarks and/or device marks which may amount to passing off.
iii. Using any indicia whatsoever to show any association or affiliation or connection of the Defendant or its products with Plaintiffs.
34. In view of the fact that the Plaintiffs have sought appointment of a Local Commissioner to seize the infringing products bearing the impugned mark and design, the very purpose of the grant of ex parte ad interim injunction would be defeated if the Defendant is given notice contemplated in Order XXXIX Rule 3 of CPC prior to the execution of the commission. Hence, it is directed that the Plaintiffs shall serve notice under Order CS(COMM) 1280/2025 Page 12 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14 XXXIX Rule 3 of CPC at the time of execution of the Local Commission, which shall not be later than two (2) weeks from today. An affidavit of compliance must be filed within two (2) weeks.
35. Upon steps being taken by the Plaintiffs, issue notice to the Defendant through all modes.
36. Reply be filed within four (4) weeks from receipt of notice. Rejoinder thereto, if any, be filed within four (4) weeks thereafter.
37. List before learned Joint Registrar (J) on 12.01.2026.
38. List before Court on 07.05.2026.
I.A. 30011/2025 (for appointment of Local Commissioner)
39. This is an application under Order XXVI Rule 9 CPC read with Order XXXIX Rule 7 CPC for appointment of a Local Commissioner to visit and inspect the Defendant‟s Manufacturing unit situated at Khasra No. 373, Near Water Tank, Santhalka, Riico Industrial Area, Bhiwadi, Rajasthan - 301019. [„Defendant‟s premises‟] CS(COMM) 1280/2025 Page 13 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14
40. In order to ensure that the injunction is fully complied with and to preserve the evidence of infringement, this Court deems it appropriate to appoint a Local Commissioner to visit the aforementioned premises of the Defendant.
41. Ms. Swapnil Gaur, Advocate (Enrl. No. D/6242/2018), (Mob. No. 9897905254; e-mail: [email protected]) is appointed as a Local Commissioner with a direction to visit the aforesaid Defendant‟s premises.
42. The mandate of the Local Commissioner is as under:
i. The Local Commissioner shall visit the premises of the Defendant as mentioned above, to inspect and seize the infringing product bearing the impugned mark and design.
ii. The Local Commissioner is permitted to seize the products bearing the impugned mark and design at the above premises, and if knowledge is acquired of any other premises where the goods could be stored, the Local Commissioner is free to record the same and then visit the other premises and conduct a seizure there as well. iii. The Local Commissioner shall also inspect and seize any goods/materials including pamphlets, brochures, stickers, packaging materials, dyes or blocks used for preparing the manufacturing materials, display boards, sign boards, advertising material, dyes or blocks, unfinished, packed, unpacked products bearing the impugned mark and design or any other documents, wrapper etc. so that it can be ensured that no fresh manufacturing of the infringing products bearing the impugned mark or design can take place. iv. The Local Commissioner shall also obtain the details as to since when goods bearing the impugned mark and design are being used by the CS(COMM) 1280/2025 Page 14 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14 Defendant and obtain copies of the account, if the same are found to be sold in the market.
v. The Local Commissioner shall obtain accounts, including ledgers, stock registers, invoice books, receipt books, cash books, purchase and sale records and any other books of record or commercial transactions kept at the premises of the Defendant and take a photocopy and/or record of all such transactions that pertain to infringing products, if any. The Defendant shall cooperate and give passwords to the computers and the files containing the accounts, if the same are stored on the computer or a specific software. vi. After preparation of the inventory, the infringing products bearing the impugned mark and design, in fully manufactured or unfinished condition, including packaging materials, advertising, promotional materials, pamphlets, brochures, boxes, videos, hoardings, brochures, banners, signage, cartons and other material bearing the impugned design and mark or the marks, which are similar to the Plaintiffs' trademarks, shall be released to the Defendant on Superdari. The monetary value of the stock shall also be ascertained. vii. The Local Commissioner is also permitted to break open the locks, with the help of the local police, if access to the premises where the infringing products have been stocked/manufactured is denied to the Commissioners.
viii. Upon being requested, the concerned, the Station House Officer [„SHO‟] and/or the concerned Superintendent of Police having jurisdiction over the aforesaid jurisdiction, shall render necessary cooperation for execution of the commission, as per this order.CS(COMM) 1280/2025 Page 15 of 17
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14 ix. The Local Commissioner is permitted to take photographs and videography of the proceedings of the commission, if it is deemed appropriate.
x. The Local Commissioner, while executing the commission, shall ensure that there is no disruption to the business of the Defendant, except for the purposes of the execution of the commission. The commission shall be executed in a peaceful manner. xi. Copy of the order and complete paper book shall be served by the Local Commissioner upon the Defendant at the time of execution of the commission.
43. The fee of the Local Commissioner is fixed at Rs. 2,50,000/-; (Rupees Two Lakhs Fifty Thousand Only), excluding out-of-pocket expenses, travel expenses, and accommodation expenses, etc., which are to be borne by the Plaintiffs.
44. Local commission is to be executed within two (2) weeks. The report of the Local Commissioners shall be filed within two (2) weeks thereafter.
45. The order passed today, shall not be uploaded for a period of two (2) weeks for enabling the execution of the commission.
46. Either, the learned counsel for the Plaintiff or the Local Commissioner is directed to collect certified copy of this order from the Registry (Dispatch Branch) before for execution of the Commission.
47. The Local Commissioner shall carry the certified copy of this Order for execution of the Commission.
48. In terms of the foregoing, the present application stands disposed of.
CS(COMM) 1280/2025 Page 16 of 17This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14
49. Coloured Copy of this order to be given dasti under the signatures of the Court Master.
MANMEET PRITAM SINGH ARORA, J DECEMBER 2, 2025/rhc/IB CS(COMM) 1280/2025 Page 17 of 17 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2025 at 20:40:14