Synopsis

The appellant (defendant in the suit) challenged an interim injunction order passed by a learned single judge in a trademark/trade dress infringement suit relating to perfume products. The single judge had restrained the appellant from using certain labels, trade dress, and bottle shapes. The division bench disposed of the appeal, clarifying that the appellant was permitted to sell the perfumes using those labels/trade dress/bottle shapes, subject to maintaining accounts. The court directed the respondent (plaintiff) to file a reply to the appellant’s application under Order XXXIX Rule 4 CPC (for vacation of injunction) within one week, and the appellant to file a rejoinder within two weeks thereafter. All contentions were left open for decision by the single judge, and the parties were directed to explore mediation.

Court: High Court of Delhi (Division Bench)
Coram: V. Kameswar Rao & Manmeet Pritam Singh Arora, JJ.
Date: April 2, 2026
Citation: 2026:DHC:2782-DB
Core Law: Code of Civil Procedure, 1908 – Order XXXIX Rules 1, 2 and 4 (temporary injunctions and vacation thereof); Intellectual Property – trademark/trade dress infringement; Commercial Courts Act, 2015.

2. Legal Framework

• Code of Civil Procedure, 1908: Order XXXIX Rules 1 and 2 – grant of temporary injunction; Order XXXIX Rule 4 – application to vary, discharge or set aside an injunction.

• Intellectual Property Law: Trade Marks Act, 1999 (by implication); principles of passing off and infringement.

• Commercial Courts Act, 2015: Appeals against orders of a Commercial Court/Division.

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