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Documents citing Dabur India Limited vs Emami Limited on 14 October, 2022

Hulm Entertainment Pvt Ltd & Ors vs Sbn Gaming Network Private Limited & Ors on 11 October, 2023

"4. A Division Bench of this Court has, in a recent decision in Dabur India Ltd. v. Emami Ltd. observed, in para 8 of the judgment, albeit in the context of trade marks that where the defendants have been using the impugned trademarks - in that case, the use was only for about two months before the suit was instituted - the Court should avoid passing any ad interim order without affording the defendant a chance to file a response to the interim application. This Court has been diligently following the said decision in various orders. No doubt, in cases where the Court is dealing with counterfeits, or spurious drugs, or where pre- eminent public interest not limited to the commercial interest of the plaintiff is involved, I have passed ad interim orders even ex parte. Para 8 of Dabur reads thus:
Delhi High Court - Orders Cites 1 - Cited by 0 - Y Varma - Full Document

Smc Foods Limited vs M/S Chaudhary Paneer Bhandar & Ors on 4 September, 2023

15. The assertions in the plaint indicate that the defendants have been using the impugned mark, though the longevity of user is unknown. Normally, where the defendants are using the mark, in deference to para 8 of the recent order passed by a Division Bench of this Court in Dabur India Ltd. v. Emami Ltd.1, this Court grants an opportunity to the defendants to file a response before proceeding to pass injunction orders.
Delhi High Court - Orders Cites 4 - Cited by 0 - C H Shankar - Full Document

Retail Royalty Company & Anr vs Devas Organic Products Private Limited ... on 20 September, 2023

10. Following the order passed by the Division Bench of this Court in Dabur India Ltd. v. Emami Ltd.1, as the defendants have been in the market, and this is not a case of counterfeiting but a case of allegedly deceptively similar trademarks, I deem it appropriate that the defendants would necessarily have to be given an opportunity to respond before this Court takes a view on the application for 1 Order dated 21 August 2023 in FAO(OS) (COMM) 171/2023 CS(COMM) 653/2023 Page 3 of 5 This is a digitally signed order.
Delhi High Court - Orders Cites 7 - Cited by 0 - C H Shankar - Full Document

Institute Of Directors vs Worlddevcorp Technology And Business ... on 1 September, 2023

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 16/09/2023 at 15:31:17 P. Ltd. 1 and para 8 of a recent decision of the Division Bench of this Court in Dabur India Ltd. v. Emami Ltd.2, the defendants would be entitled to an opportunity to respond to the application before any injunctive orders are passed.
Delhi High Court - Orders Cites 5 - Cited by 0 - C H Shankar - Full Document

Jaquar And Company Private Limited vs Ashirvad Pipes Private Limited on 25 September, 2023

4. Though a prima facie case worthy of consideration is made out on the facts and submissions advanced by Mr. Wadhwa, in view of the para 8 of the order passed by the Division Bench of this Court in Dabur India Ltd. v. Emami Ltd.1, as the defendant is already in the market, and this case cannot be said so exceptional as to justify a departure from what the Division Bench has said, the defendant would be entitled to one opportunity to respond before any orders are passed on the application for interim injunction.
Delhi High Court - Orders Cites 5 - Cited by 0 - C H Shankar - Full Document

Hulm Entertainment Pvt Ltd & Ors vs Sbn Gaming Network Private Limited & Ors on 10 October, 2023

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 12/10/2023 at 12:54:03 defendants have been using the impugned trademarks - in that case, the use was only for about two months before the suit was instituted - the Court should avoid passing any ad interim order without affording the defendant a chance to file a response to the interim application. This Court has been diligently following the said decision in various orders. No doubt, in cases where the Court is dealing with counterfeits, or spurious drugs, or where pre-eminent public interest not limited to the commercial interest of the plaintiff is involved, I have passed ad interim orders even ex parte. Para 8 of Dabur1 reads thus:
Delhi High Court - Orders Cites 4 - Cited by 0 - C H Shankar - Full Document

Cashgrail Private Limited vs Blue Horizone Infotech Llp on 25 September, 2023

2. Though the averments in the plaint and the submissions made by Mr. Sibal at the bar make out a case worthy of consideration, as the defendant has been providing services in the form of the impugned game, following para 8 of the order passed by the Division Bench of this Court in Dabur India Ltd. v. Emami Ltd.1, the defendant would be entitled to an opportunity to respond before any interim orders are passed in this matter.
Delhi High Court - Orders Cites 5 - Cited by 0 - C H Shankar - Full Document
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