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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+CS(OS) 3773/2014
M/S LUXOTTICA GROUP S.P.A & ANOTHER ..... Plaintiffs Through: Mr. S.K.Bansal & Mr. Ajay Amitabh Suman
&Mr. Amit Chanchal, Advs.
versus
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M/S DEALS CRACKER & ANR
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..... Defendants
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Through: Mr. Sumit Roy with
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Mr. Vishal Dutt, Advs. for
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CORAM:
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HON'BLE MR. JUSTICE NAJMI WAZIRI
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O R D E R
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%
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19.08.2015
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IA No.17072/2015(u/O.XXXIX R. 2A CPC by the plaintiff)
This application seeks initiation of contempt proceedings against the defendants for violating this Court‟s order dated 8.12.2014 whereby the defendants were injuncted from manufacturing, marketing, purveying, supplying, using, exporting, displaying advertisement on the online marketplace including www.shopclues.com or through any other mode or manner dealing in or using the plaintiffs‟ trademark RAY-BAN or any other mark, which is deceptively similar/identical to the plaintiffs‟ trademark
It is the plaintiffs‟ contention that despite the aforesaid specific direction, the defendants continued to display, advertise and sell counterfeit goods under the plaintiff‟s trade mark RAY-BAN.
During the course of the hearing, the Court accessed the website www.shopclues.com and found that RAY BAN Aviator Sun Glasses are displayed at Rs.1750/- and Rs.1799/-. Other eyewear are being sold under the brand name RAY BAN, RAY BAN Green Aviator Sun Glasses, RAY BAN Justin, RAY BAN 4D, etc. This clearly is against the letter and spirit of the interim injunction order.
The learned counsel for the defendants promptly submits that the entire category of eyewear shall be taken off the website in the course of the day itself and that in any case, the defendants are in the process of integrating a software which would subsequently remove any reference to RAY-BAN appearing on their website.
Be that as it may, insofar as the Court‟s order has been breached, the defendants would be guilty of contempt of Court. The learned counsel for the defendants however, submits that the breach is not because of any disregard for the Court‟s order but because of a technical impediment which is now being sought to be rectified. He extends an unqualified apology on behalf of the defendants. The apology is accepted subject to payment of costs of Rs.1.00 lac to the Delhi High Court Mediation and Conciliation Centre within one week.
The application stands disposed-off.
Let affidavits of the parties shall be filed within one week, along with proof that due software integration has been done which would ensure that RAY-BAN eyewear are not displayed or referred to on the defendants‟ websites including on www.shopclues.com. Till such time the said software is integrated, the defendants shall not sell
any eyewear/sunglasses on their website www.shopclues.com.
List no 7.10.2015.
NAJMI WAZIRI, J
AUGUST 19, 2015/ak/aj
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