Delhi High Court continues its endeavour to curb the counterfeiting menace;Grants Damages in TM Suit
Use of a registered trademark on a counterfeit product amounts to infringement of the trademark, and the aggrieved party is entitled to claim monetary damages. In the case of Imagine Marketing Private Limited v. M/S Green Accessories Through Its Proprietor and Anr., the Delhi High Court granted damages to the tune of INR 15 lakhs (USD 19500 approximately) to be paid to the owner of the trademark 'BOAT' over the seizure of various counterfeit products. The Court was of the view that the Defendants had blatantly infringed the Plaintiff's trademark and the logos as well as the packaging of the Plaintiff's products.
The Plaintiff is the owner of the trademark 'BOAT' and its various logos, which the Plaintiff uses for its products such as earphones, headphones, speakers, etc. In the present case, the Plaintiff aimed to protect its rights regarding their registered trademark by restraining the defendants from selling counterfeit products and thus infringing their trademark.
It is to be noted vide an Order dated December 24, 2020, that the Court had temporarily restrained all the Defendants from manufacturing, selling, advertising, or dealing in any electronic gadgets under the impugned trademark or any other identical/deceptively similar mark to the Plaintiff's registered trademark. The Court had also appointed the local commissioner to seize the infringing products from the Defendants' premises by virtue of the said Order. Subsequently, the local commissioner visited the premises of the concerned Defendants and seized all infringing counterfeit products.
Despite being served the restraining order, the Defendants did not appear before the court on the next date of hearing. The Court proceeded ex-parte and observed that a perusal of the local commissioners' reports and pleadings on record makes it evident that the Defendant Nos. 1 and 6 were engaged in counterfeit products bearing the 'BOAT' logo, and the Plaintiff is the owner of the registered trademark 'BOAT' in various forms, including the logo. Therefore, the Court granted protection to the Plaintiff for its rights in the trademark 'BOAT,' as also device mark and the logos thereof. The Court recorded that "the Defendants have blatantly infringed the trademark and logos as also the packaging of the Plaintiff's products" and accordingly imposed damages to INR 15 Lakhs upon the concerned Defendants.
The manufacture and sale of counterfeit products is an absolute violation of the rights conferred on intellectual property owners. With the present decision, the Delhi High Court once again comes forward to protect the rights and interests of a legitimate intellectual property holder.
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1. IMAGINE MARKETING PRIVATE LIMITED v. M/S GREEN ACCESSORIES THROUGH: ITS PROPRIETOR AND ANR. CS (COMM) 564/2020