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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 425/2021

RELAXO FOOTWEARS LIMITED ..... Plaintiff

Through Mr.Saif Khan, Adv.

versus

NIKHIL FOOTWEARS & ANR. ..... Defendants

Through

CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 10.09.2021
This hearing is conducted through video-conferencing.
IA No. 11592-93/2021
Allowed subject to all just exceptions.
CS(COMM) 425/2021
Let the plaint be registered as a suit.
Issue summons to the defendants by speed post and email, returnable
for 23.11.2021.
IA No. 11591/2021
1. This application is filed under Order 39 Rules 1 and 2 CPC by the
plaintiff seeking the following reliefs:-
“a) An ex parte order of ad-interim injunction restraining the
Defendants, their proprietors/partners/directors/principal officers
as the case may be, holding concern, affiliate concern, sister
concerns, agents, legal representatives, heirs and any other
person acting for or on their behalf, from manufacturing, selling,
offering for sale, advertising, importing, exporting or in any other

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 manner dealing in any of the products marked as Product No. 1
to Product No. 7 in the plaint and/or any other products, bearing
designs which are an obvious or fraudulent imitation of
Plaintiff’s corresponding registered designs, amounting to
infringement/piracy of registered designs;

b) An ex parte order of ad-interim injunction restraining the

Defendants, their proprietors/partners/directors/principal officers
as the case may be, holding concern, affiliate concern, sister
concerns, agents, legal representatives, heirs and any other
person acting for or on their behalf, from manufacturing, selling,
offering for sale, advertising, importing, exporting or in any other
manner dealing in the larger overall getup/trade dress in any of
the products marked as Product No. 1 to Product No. 9 in the
plaint and/or any other products, amounting to passing off;”

2. It is the case of the plaintiff that it began its business in 1976. The
plaintiff was incorporated in 1984. It is stated that the present suit concerns
the plaintiff’s intellectual property rights in the design and/or overall trade
dress/getup of certain footwear products which are original, distinct and
novel products of the plaintiff. It is stated that the defendants have
unlawfully imitated and pirated the said design and/or trade dress of the
plaintiff in the said products, details of which is given as follows:-
S.No. Relaxo’s Article Action’s Article
1.

BHG 136
AFG 1036

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 2.

BHG 127
AFG 1027
3.

BHG 73
AHG 118
4.

BHG 119
AFG 1019
5.

BHG 103

AHG 134

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 6.

BHG 104
AHG 153
7.

BHG 108 AFG 1008

8.

BHG 128
AFG 1028
9.

BHG 28
AHG 124

3. It is stated that the aforesaid designs of the plaintiff from serial Nos.1
to 7 are registered before the Controller General of Patents, Designs and
Trade Marks. The defendants are slavishly, it is stated, copying the above

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 registered designs. It is further stated that the products at serial Nos. 8 and 9
bearing the said trade dress/get up by virtue of prior and continuous
commercial use and sales and promotion has acquired goodwill and
reputation. It is pleaded that by reason of publicity given and extensive sales
and the recognition of the plaintiff itself as a reputed and known player in
the industry, the plaintiff’s products have acquired a great reputation and
exclusive goodwill. The said designs are therefore valuable intellectual
property of the plaintiff.
4. It is stated that the defendants are believed to be part of the Action
Group of companies engaged in the business of manufacture and trade of
footwear products under the trade mark ‘action’. In May 2021, the plaintiff
got to know about an identical imitation of the product BHG-136 being
marketed under the brand ‘action’. The plaintiff issued a legal notice on
30.05.2021. The plaintiff issued a fresh legal notice on 25.06.2021 addressed
to Action Footwear Pvt. Ltd. A reply was received on 02.07.2021 from
Action Footwear Pvt. Ltd. stating that they are not dealing in any
similar/identical product as mentioned by the plaintiff in its legal notice.
However, it is pleaded that the impugned footwear products continue to be
marketed under the trademark ‘action’. It is stated that the impugned
products clearly use the trade mark ‘action’ as well as email ID with the
domain name ‘actionshoes.com’ and are stated to be manufactured by the
defendant firm M/s. Nikhil Footwear. It is the case of the plaintiff that the
defendants are using the shield of multiple firms/entitles/companies in
committing their unlawful acts to escape liability and legal actions.
5. The plaintiff has made out a prima facie case. An interim injunction is
passed in favour of the plaintiff and against the defendants restraining the

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 defendants, their proprietors, partners, etc. from manufacturing, selling,
offering for sale, advertising, importing, etc. the concerned products as
mentioned at Sr.Nos. 1 to 9 above or any other products bearing designs that
are obvious or fraudulent imitation of the plaintiff’s registered designs
which may amount to infringement and/or passing off of the designs of the
plaintiff.
6. Issue notice to the defendants by speed post and email, returnable for
23.11.2021.
7. The plaintiff to comply with Order 39 Rule 3 CPC within five days.

JAYANT NATH, J
SEPTEMBER 10, 2021
rb

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