K Arjun Singh and Others v. Gm Modular Pvt. Ltd.
Case brief
What is this about?
Trademark appeal, Delhi High Court, FAO (COMM) 262/2025, appellants K Arjun Singh and Others v respondent GM Modular Pvt. Ltd.; ad interim injunction order of Commercial Court set aside on consent; registered trademarks injuncted on bare finding of infringement held ex facie impermissible per Vaidya Rishi India Health Pvt v Suresh Dutt Parashar (FAO (COMM) 122/2024, dated 7 August 2025) read with S. Syed Mohideen v P. Sulochana Bai (2016) 2 SCC 683; no categorical goodwill finding on passing off; Order XXXIX Rules 1 and 2 CPC application remitted to Commercial Court for fresh decision (hearing advanced to 10 October 2025), uninfluenced by observations in impugned order; all issues of fact and law kept open; appeal allowed.
What did the court decide?
Impugned ad interim order set aside with respondent's concurrence; Commercial Court directed to decide the respondent's Order XXXIX Rules 1 and 2 CPC application finally, uninfluenced by any observation contained in the impugned order, hearing advanced from 26 November 2025 to 10 October 2025 with four-page submission directions; all issues of fact and law left open.