Delhi High Court – Orders
Rahul Mishra & Anr vs John Doe & Anr on 24 December, 2024
Author: Amit Bansal
Bench: Amit Bansal
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1194/2024
RAHUL MISHRA & ANR. .....Plaintiffs
Through: Mr. J. Sai Deepak, Senior Advocate
with Ms. Meenakshi Ogra, Mr. Tarun
Khurana, Mr. Samrat S. Kang, Mr.
Amarjeet Kumar, Mr. Rishi Vohra,
Mr. Rajat Sabu and Ms. Chhavi Pande,
Advocates.
versus
JOHN DOE & ANR. .....Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 24.12.2024
I.A. 49743/2024 (u/s 12A of Commercial Courts Act)
1. 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
mediation is granted.
2. The application stands disposed of.
I.A. 49742/2024 (O-XI R-1(4) of the Commercial Courts Act)
3. The present application has been filed on behalf of the plaintiffs seeking
leave to file additional documents.
4. The plaintiffs are permitted to file additional documents in accordance
CS(COMM) 1194/2024 Page 1 of 14
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with the provisions of the Commercial Courts Act, 2015 and the Delhi High
Court (Original Side) Rules, 2018.
5. Accordingly, the application is disposed of.
CS(COMM) 1194/2024
6. Let the plaint be registered as a suit.
7. It is submitted by Mr. J. Sai Deepak, senior counsel appearing for the
plaintiffs that as the particulars including the name, contact details and address
of defendant no.1 i.e., the entity operating through www.rahudress.com, is not
available nor disclosed on defendant no.1’s website, defendant no.1 has been
impleaded as a ‘JOHN DOE’ defendant.
8. Issue summons.
9. Summons be issued upon filing of process fee to the defendant no.2
through all modes including e-mail. Summons to the defendant no.1 shall be
issued post the disclosures of details by defendant no.2.
10. The summons shall state that the written statement(s) shall be filed by
the defendants within thirty days from the date of the receipt of summons.
Along with the written statement(s), the defendants shall also file affidavit of
admission/denial of the documents of the plaintiffs, without which the written
statement(s) shall not be taken on record.
11. Liberty is given to the plaintiffs to file replication(s), if any, within
thirty days from the receipt of the written statement(s). Along with the
replication(s) filed by the plaintiffs, affidavit of admission/denial of the
documents of the defendants be filed by the plaintiffs.
12. The parties shall file all original documents in support of their
respective claims along with their respective pleadings. In case parties are
placing reliance on a document, which is not in their power and possession,
CS(COMM) 1194/2024 Page 2 of 14
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its detail and source shall be mentioned in the list of reliance, which shall also
be filed with the pleadings.
13. If any of the parties wish to seek inspection of any documents, the same
shall be sought and given within the timelines.
14. List before the Joint Registrar on 25th February, 2025 for completion of
service and pleadings.
15. List before the Court on 7th April, 2025.
I.A. 49741/2024_(O-XXXIX Rule 1 & 2 of CPC)
16. The present suit has been filed seeking relief of permanent injunction
against the defendant no.1, seeking to restrain it from infringing the plaintiff
no.1’s trademarks and copyright, passing off its goods as that of the plaintiffs’
and other ancillary reliefs.
17. The plaintiff no.1 is a leading Indian Fashion designer based out of
Delhi and is engaged in creating exquisitely and luxuriously designed and
handcrafted fashion clothes/ apparels under his own fashion label ‘RAHUL
MISHRA’/ ‘ ‘. The plaintiff no.2 is a company incorporated
and registered by the plaintiff no.1 for the purposes of undertaking and
executing the artistic designs created by the plaintiff no.1 and transforming
them into state-of-the-art pieces of luxury designer wear clothing, marketing
them as well as selling them under the brand name/ trademark ‘RAHUL
MISHRA’/ ‘ ‘.
18. The plaintiff no.1 is the registered proprietor of trademarks ‘RAHUL
MISHRA’ under various classes, in India, all of which are valid and
subsisting. The details of the trademark registrations of the plaintiff no.1 are
given herein below:
CS(COMM) 1194/2024 Page 3 of 14
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INDIAN TRADEMARK REGISTRATIONS:
Application Date Trademark Class User Date
No.
1910064 18.01.2010 25 30.03.2006
4612622 17.08.2020 RAHUL MISHRA 18 20.07.2017
17.08.2020 Proposed to
4612623 RAHUL MISHRA 24 be used
4612624 17.08.2020 RAHUL MISHRA 35 30.03.2006
4612625 17.08.2020 RAHUL MISHRA 42 30.03.2006
17.08.2020 Proposed to
4612626 RAHUL MISHRA 9 be used
17.08.2020 Proposed to
4612627 RAHUL MISHRA 41 be used
5171052 12.10.2021 RAHUL MISHRA 14 31.12.2020
5171053 12.10.2021 RAHUL MISHRA 3 31.12.2020
5507196 28.06.2022 RAHUL MISHRA 9 Proposed to
be used
Proposed to
5507197 28.06.2022 RAHUL MISHRA 14 be used
Proposed to
5507198 28.06.2022 RAHUL MISHRA 20 be used
Proposed to
5507199 28.06.2022 RAHUL MISHRA 26 be used
5507200 28.06.2022 RAHUL MISHRA 44 Proposed to
CS(COMM) 1194/2024 Page 4 of 14
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be used
19. The plaintiff no.1 is the registered proprietor of trademarks ‘RAHUL
MISHRA’ internationally as well, which is enumerated in paragraph 14 of the
plaint.
20. The plaintiffs have also averred that apart from their flagship stores and
duly authorized multi-brand retail stores, they also carry on their business
through their official domain name/ website www.rahulmishra.in, duly
registered since 1st September, 2009. The plaintiffs further aver that through
such official website, consumers are regularly and constantly updated and
kept abreast with every season’s themed collection of their exquisitely
designed fashion luxury clothes/ apparels and about all fashion shows/ events
wherein plaintiffs have showcased their rendition of seasons collections, all
under the umbrella of the plaintiffs’ trade name as well as trademark RAHUL
MISHRA/ Rahul Mishra/ RAHUL MISHRA.
21. The plaintiffs have further averred that the images of various models/
famous personalities posted on its official website as taken during the ramp
walk of various fashion events where their handcrafted and exquisitely
designed clothes/apparel are original artistic works under Section 2(c) of the
Copyright Act, 1957 and thus are entitled to the exclusive rights over the said
images under Section 14 of the Copyright Act, 1957.
22. It is also averred by the plaintiffs that exclusive copyrights in the
designs of the dresses which includes shape, configuration and surface pattern
as contemplated under Section 15(2) of the Copyright Act, 1957 vests in the
plaintiffs. It is claimed that, as these dresses are characterized by their
CS(COMM) 1194/2024 Page 5 of 14
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luxurious exclusivity, and painstakingly handcrafted embroidery work, only
a limited number of such articles/ dresses are thus produced and marketed by
plaintiffs – in the case of dresses which are subject matter of present suit,
production of such articles limited to less than fifty units per design.
23. The plaintiffs have further averred that in the third week of October,
2024, the plaintiffs came to know that the defendant no. 1 is engaged in selling
and/or offering to sell the impugned counterfeit dresses through the following
impugned website ‘www.rahudress.com’ offering to sell exact replicas of
plaintiffs’ designer wear at a phenomenally low discounted price:
CS(COMM) 1194/2024 Page 6 of 14
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CS(COMM) 1194/2024 Page 7 of 14
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24. The plaintiffs submit that the defendant no.1’s domain name has
been registered vide Registry Domain ID 2823903780_DOMAIN_COM-
VRSN, with the defendant no.2/GName.com Pte Ltd., a Domain Name
Registrar (DNR). The registrant and the DNR details have been filed as
‘DOCUMENT-42’ with the Plaint.
25. The plaintiffs aver that identical images/photographs showing identical
dresses/apparel have been copied and posted by the defendant no.1 on its
impugned website, stating it to be that of the plaintiffs and then offering to
sell such counterfeit dresses at a meagre price, thereby resulting in copyright
infringement of the original artistic work in the photographs as well as
CS(COMM) 1194/2024 Page 8 of 14
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infringement of copyright in the design of the said dresses, capable being
registered under the Designs Act, 2000. senior counsel for the plaintiffs has
brought the attention of this court to the comparison table showcasing the
images of the plaintiffs’ dresses vis-à-vis the defendant no.1’s reproduction of
the identical images on the impugned website, as given in Paragraph 70 of the
plaint and list of which is annexed as ‘Documents – 44 to 48’ filed with the
plaint, for reference few images are reproduced herein below:
Screenshot from
Plaintiff’s Runway
Show “Hyundai
Indian Couture
Week 2023”
Appears in the video @17:53 – 18:07
Image as used by
Defendant No.1 on
the Impugned
WebsiteCS(COMM) 1194/2024 Page 9 of 14
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https://rahudress.com/new/women-rahul-mishra-
sunderbans-tonal-saree-set/
Screenshot/
Images from
Plaintiff’s
Runway Show
“We The
People –
Couture Fall
2023, During
Paris Haute
Couture
Week"
As available on Vogue Runway e-website -
https://www.vogue.com/fashion-shows/fall-2023-
couture/rahul-mishra/slideshow/collection#22CS(COMM) 1194/2024 Page 10 of 14
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Image as used
by Defendant
No.1 on the
Impugned
Websitehttps://rahudress.com/sale-
category/women/?orderby=popularity
26. After referring to the above-represented image comparisons, senior
counsel submits that the images/photographs posted on the impugned website
of the dresses have been lifted from the ramp shows of the plaintiff and/or
fashion news websites such as Vogue Runway’s e-website. The defendant
no.1 has copied the entire form, look, pattern, style, cut and arrangement,
using the plaintiff’s tradename/trademark to misrepresent it to be an authentic
design of the plaintiff to the public at large, at less than a fraction of the
original price. Such acts of the defendant no.1 constitute trademark
infringement, copyright infringement, design piracy, passing off, unfair
competition and leads to dilution of the goodwill and thus, is a clear attempt
to ride upon the goodwill of the plaintiffs.
CS(COMM) 1194/2024 Page 11 of 14
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27. Senior Counsel on behalf of the plaintiffs further submitted that the
defendant no.1 is aware of the immense reputation of plaintiffs vis-à-vis the
luxury and designer dresses, known for its exclusivity in high-end
craftsmanship in his products, and is therefore seeking to unjustly
commercially enrich itself by copying and offering counterfeited dresses
through the impugned website.
28. I have heard Mr. J. Sai Deepak, senior counsel for the plaintiffs and
considered the contents of plaint and documents filed along with the plaint.
29. The plaintiff no.1 is the registered proprietor and along with the
plaintiff no.2, are users of the trademark ‘RAHUL MISHRA’/ ‘
‘ as well of the domain name ‘ www.rahulmishra.in ‘.
Further, the plaintiff no.1 is also the owner of the copyright in the original
artistic works and also the copyright in the designs of the dresses under the
Copyright Act, 1957.
30. This court therefore is of the opinion that the plaintiffs have been able
to make out a prima facie case for grant of an ex-parte ad-interim injunction,
which is also a dynamic injunction. The balance of convenience lies in favour
of the plaintiffs and against the defendants. Irreparable injury shall be caused
to the plaintiffs if the interim injunction is not granted. Disclosure orders are
also liable to be passed against the defendant no.2 DNR. Upon query made by
this Court with respect to issuing blocking orders to the ISP qua the rogue
website, Senior Counsel for the plaintiffs submits that necessary steps shall
be taken to implead MEITY and DoT.
31. Accordingly, it is directed as under:
CS(COMM) 1194/2024 Page 12 of 14
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i. The defendant no.1 and all others acting by itself and through its
directors/proprietors/partners, associates, assigns, heirs, successors,
distributors, dealers, wholesalers, retailers, stockiest, agents and all
others acting for and on its behalf are restrained from using, soliciting,
manufacturing, selling, offering for sale, importing, exporting and
advertising in any manner including on the internet and e-commerce
platform, directly or indirectly dealing in goods impugned
Tradename/mark “Rahul Mishra” as well as the device mark ”
/ RAHUL MISHRA or impugned
tradename/mark and device that is identical/deceptively similar to
Plaintiff’s Tradename/mark “Rahul Mishra” as well as the device mark” / RAHUL MISHRA.
ii. The defendant no.2 DNR shall immediately lock and suspend the
domain name ‘ www.rahudress.com’ and maintain the status quo thereof.
The defendant no.2 shall also disclose to the plaintiffs, complete details
(such as: Name, Address, Email Address, Phone Number, IP Address
etc.) of the defendant no.1 as available with it.
32. Compliance with Order XXXIX Rule 3 of the Code of Civil Procedure,
1908 (CPC) shall be done within three days from today.
33. Issue Notice.
34. Notice be issued to the defendant no.2 via all permissible modes,
including e-mail.
35. Reply(ies) be filed within four (4) weeks.
36. Rejoinder(s) thereto, if any, be filed within two (2) weeks thereafter.
CS(COMM) 1194/2024 Page 13 of 14
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37. List before the Joint Registrar on 25th February, 2025 for completion of
service and pleadings.
38. List before the Court on 7th April, 2025.
AMIT BANSAL, J
DECEMBER 24, 2024/kd
CS(COMM) 1194/2024 Page 14 of 14
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