Delhi High Court - Orders
Adidas Ag & Anr vs Aman Kumar Prajapati Trading As Aman ... on 5 May, 2025
Author: Amit Bansal
Bench: Amit Bansal
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 406/2025 with I.A. 11147-11152/2025
ADIDAS AG & ANR. .....Plaintiffs
Through: Mr. Hemant Singh, Ms. Mamta Rani
Jha & Mr. Anubhav Chhabra, Ms.
Rishika Aggarwal, Ms. Ritu
Khandelwal, Advocates.
versus
AMAN KUMAR PRAJAPATI TRADING
AS AMAN FOOTWEAR .....Defendant
Through: Mr. Kapil Kumar, Advocate.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 05.05.2025 I.A. 11149/2025 (u/O-XI Rule 1(4) of the CPC)
1. This application has been filed on behalf of the plaintiffs seeking leave to file additional documents.
2. The plaintiffs are permitted to file additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018, within thirty (30) days from today.
3. Accordingly, the application is disposed of. I.A. 11150/2025 (u/s 12A of the Commercial Courts Act, 2015)
4. As the present suit contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC Online SC 1382, exemption from the requirement of pre-institution CS(COMM) 406/2025 Page 1 of 7 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 29/06/2025 at 18:20:49 mediation is granted.
5. The application stands disposed of.
I.A. 11151/2025 (seeking exemption from filing the pleadings with the company seal)
6. The plaintiffs have filed the present application seeking exemption from filing the pleadings in the present suit with the company seal of the plaintiffs.
7. For the reasons stated in the application, the plaintiffs are exempted from filing the pleadings with the company seal.
8. The application stands disposed of.
I.A. 11152/2025 (seeking exemption from effecting advance service of the plaint paperbook upon the defendant)
9. Since counsel has entered appearance on behalf of the defendant, this application has become infructuous.
10. The application is accordingly disposed of.
11. A complete set of the plaint paperbook has been handed over to counsel for the defendant in Court today.
CS(COMM) 406/2025
12. Let the plaint be registered as a suit.
13. Issue summons.
14. Mr. Kapil Kumar, Advocate accepts summons in the suit and notice in the present application on behalf of the defendant and waives issuance of formal summons.
15. Written statement shall be filed by the defendant within thirty (30) days from today. Along with the written statement, the defendant shall also file affidavit of admission/ denial of the documents of the plaintiffs, without which the written statement shall not be taken on record.
CS(COMM) 406/2025 Page 2 of 7This 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 29/06/2025 at 18:20:49
16. Liberty is given to the plaintiffs to file replication, if any, within thirty (30) days from the receipt of the written statement. Along with the replication filed by the plaintiffs, affidavit of admission/ denial of the documents of the defendant be filed by the plaintiffs.
17. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case the parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
18. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
19. List before the Court on 15th May, 2025.
I.A. 11147/2025 (u/O-XXXIX Rules 1 and 2 of the CPC)
20. The present suit has been filed seeking relief of permanent injunction restraining the defendant from infringement of trade marks and copyrights and passing off along with other ancillary reliefs.
21. At the outset, Mr. Kumar submits that the defendant does not wish to contest the present suit and has no objection if a decree of permanent injunction is passed against the defendant in respect of the afore-mentioned impugned marks.
22. In view thereof, the defendant is restrained from using the marks 'ABBIBAS/ ', 'abbibas Three Bars device mark/ ', 'Three Bars device mark/ ' and 'Three Stripes CS(COMM) 406/2025 Page 3 of 7 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 29/06/2025 at 18:20:49 device mark/ , Trefoil device mark/ ' or any other mark/ device/ logo identical with or deceptively similar to the plaintiffs' marks ADIDAS, THREE SPRIPES device mark/ , the THREE BARS device mark/ , Badge of Sport device mark / , the TREFOIL device mark/ and the adidas TREFOIL device mark/ till the final adjudication of the suit.
23. The application stands disposed of.
I.A. 11148/2025 (u/O-XXVI Rule 9 of the CPC)
24. The present application has been filed under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 seeking appointment of a Local Commissioner to visit and inspect the premises of the defendant, make an inventory of all the products, labels, packaging/ promotional material, etc. bearing the impugned marks abbibas/ , abbibas three bars device mark/ , three bars device mark/ , three stripes device mark/ , Trefoil device mark/ (hereinafter referred to as 'infringing material') and effect seizure of the same.
CS(COMM) 406/2025 Page 4 of 7This 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 29/06/2025 at 18:20:49
25. Issue notice.
26. Notice is accepted by Mr. Kapil Kumar, Advocate appearing on behalf of the defendant.
27. The plaintiffs have made out a case for appointment of a Local Commissioner.
28. Accordingly, Mr. Gaurav Dhyani, Advocate (Mobile No. +91 9599469442) is appointed as a Local Commissioner to visit the premises of the defendant situated at:
Aman Footwear 2369/14, Beadon Pura, Gurudwara Road, Karol Bagh, New Delhi-110005
29. In the facts and circumstances of the present case, the Local Commission is directed to be executed today.
30. The following directions are passed in this regard:
a. The Local Commissioner, along with a representative of the plaintiffs and their counsel, shall be permitted to enter upon the premises of the defendant mentioned above or any other location/ premises that may be identified during the course of commission, in order to conduct the search and seizure.
b. The Local Commissioner shall conduct a search at the defendant's aforesaid premises and seize the infringing material. c. The Local Commissioner shall make an inventory of all the infringing material.
d. After seizing the infringing material, the same shall be sealed and signed by the Local Commissioner, in the presence of the parties, and CS(COMM) 406/2025 Page 5 of 7 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 29/06/2025 at 18:20:49 released on superdari to the defendant on its undertaking to produce the same as and when further directions are issued in this regard. e. The Local Commissioner shall also be permitted to make copies of the books of accounts including ledgers, cash registers, stock registers, invoices, books, etc. insofar as they pertain to the infringing material. f. The defendants and his representatives are directed to provide full assistance to the Local Commissioner for executing the present commission.
g. In case the aforesaid premises of the defendant or any part thereof is found locked, the Local Commissioner is permitted to break open the locks and doors for execution of the commission. h. To ensure an unhindered and effective execution of this order, the SHO of the local police station having jurisdiction of the aforesaid premises and the DCP concerned are directed to render the necessary protection and assistance to the Local Commissioner, if and when sought.
i. The Local Commissioner shall have the liberty to take photographs and/ or videos of the stock seized and to take a sample of the infringing material to be filed along with the Report.
31. The Local Commissioner shall file his Report, on or before the next date of hearing, along with photographs/ videos taken and photocopies of the books of account and stock and the inventory procured pursuant thereto.
32. The fees of the Local Commissioner, to be borne by the plaintiffs, is fixed at Rs. 1,00,000/-. The plaintiffs shall also bear expenses for travel and lodging of the Local Commissioner and other miscellaneous out-of-pocket expenses for the execution of the commission.
CS(COMM) 406/2025 Page 6 of 7This 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 29/06/2025 at 18:20:49
33. The application stands disposed of in the above terms.
34. Dasti under the signatures of the Court Master.
AMIT BANSAL, J MAY 05, 2025 at CS(COMM) 406/2025 Page 7 of 7 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 29/06/2025 at 18:20:49