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“Jubin Nautiyal is a well-known, popular and well-accepted personality and if the ex-parte ad-interim injunction and other directions, as sought, are not passed, irreparable loss and injury which may not be compensated in monetary terms.”
“The concept of personality right has gained momentum by reason of unauthorised exploitation on digital platforms and social media for commercial gain, which often results in tarnishing or damaging the personality rights of an individual and more often of a renowned and well-known personality.”
“The copyright of the plaintiff over his own personality, which include, amongst others, his image, likeness, voice, name, signature, which are distinctive and exclusively associated with him, cannot, prima facie, be doubted at this stage.”
The infringers were restrained from using Skechers’ trade mark and artistic works or any other trade mark or artistic work identical or similar to Skechers, till the next date of hearing.
“Appellants rushed to this Court without exploring the option of filing their reply to the application under Order XXXIX Rule 1 and 2 of the Civil Procedure Code, 1908 (‘CPC’) and/or application under Order XXXIX Rule 4 of the CPC for modification of the ex-parte ad-interim order.”
Delhi High Court: In a suit for permanent injunction and damages for infringement of marks, passing off and unfair competition