Court recognizes urgency and grants relief to protect Signatureglobal's trademarks and copyrights against deceptive online activities by defendants.
In a landmark decision, the Delhi High Court, presided over by Justice Jyoti Singh, has granted Signatureglobal (India) Limited an exemption from pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015, citing the urgency of the relief sought. The court also issued an interim injunction against defendants, including Ashok Kumar, restraining them from operating websites and social media pages that infringe on Signatureglobal's trademarks and copyright.
Signatureglobal, a leading real estate development company, filed the lawsuit alleging that the defendants were operating deceptive websites and social media pages using their registered trademarks and copyrighted materials without authorization. The court recognized the urgency of the situation, noting that the plaintiff had made a prima facie case for an ex parte ad interim injunction, with the balance of convenience in favor of Signatureglobal.
The court's order directed defendants to cease operations of the infringing websites and social media pages immediately. It also required internet service providers and social media platforms to block and remove the infringing content and provide available contact details of the entities operating these platforms to Signatureglobal.
The decision underscores the court's commitment to protecting intellectual property rights and addressing urgent commercial disputes swiftly. Signatureglobal's legal representatives successfully argued that the infringing activities were causing irreparable harm to the company's reputation and business interests.
The court's ruling also highlights the importance of registered trademarks and copyright protection in the digital age, where unauthorized use can lead to significant economic and reputational damage.
Bottom line:-
Exemption from Pre-Institution Mediation under Section 12-A of the Commercial Courts Act, 2015 can be granted where urgent relief is sought, relying on relevant judgments.
Statutory provision(s): Section 12-A of the Commercial Courts Act, 2015, Order XXXIX Rules 1 and 2 of the CPC, Section 28 of the Trade Marks Act, 1999, Section 2(c) of the Copyright Act, 1957.
Signatureglobal (India) Limited v. Ashok Kumar, (Delhi) : Law Finder Doc id # 2921904
