Court Restrains GA SE GAANV Essence LLP from Using Deceptively Similar Mark in Interim Relief to Rakesh Jain
In a significant legal proceeding, the Delhi High Court has granted an ex-parte ad-interim injunction in favor of Rakesh Jain, the plaintiff, in a trademark infringement case against GA SE GAANV Essence LLP. The plaintiff, represented by advocates Ms. Vibhuti Vasisth and Mr. Kiratraj Sadana, sought the court's intervention to restrain the defendant from using the trademark "RANI SAHIBA" or any mark deceptively similar to it.
The case, presided over by Mr. A.J. Bhambhani, J., focused on the alleged unauthorized use of the "RANI SAHIBA" trademark, a registered word mark under the plaintiff's ownership since April 1, 2012. The plaintiff's counsel emphasized the established use and recognition of the trademark in the market, citing significant sales growth and promotional investments.
The court, acknowledging the prima facie case presented by the plaintiff, highlighted the balance of convenience in favor of the plaintiff and the potential for irreparable harm if the injunction were not granted. Consequently, the court issued an ex-parte ad-interim injunction, prohibiting the defendants from manufacturing, selling, or advertising products bearing the "RANI SAHIBA" trademark or any similar mark.
Additionally, the court exempted the plaintiff from pre-litigation mediation requirements under Section 12A of the Commercial Courts Act, 2015, considering prior judgments from the Supreme Court and Delhi High Court. The plaintiff was also granted leave to file additional documents within 30 days, with their relevance and admissibility to be assessed later.
The case is slated for further proceedings, with the next date before the learned Joint Registrar set for November 3, 2026, to complete pleadings and address the interim application.
Bottom Line :
Trademark infringement - Grant of ex-parte ad-interim injunction restraining defendants from using a mark identical or deceptively similar to the plaintiff's registered trademark "RANI SAHIBA" during the pendency of the suit, based on prima facie case, balance of convenience, and irreparable loss to the plaintiff.
Statutory provision(s):
- Commercial Courts Act, 2015, Section 12A
- Commercial Courts Act, 2015, Order XI Rule 1(4)
- Civil Procedure Code, 1908, Order XXXIX Rules 1 and 2
- Civil Procedure Code, 1908, Order XXXIX Rule 3
Rakesh Jain v. GA SE GAANV Essence LLP, (Delhi) : Law Finder Doc id # 2965178
