DATE OF JUDGEMENT: 01.06.2022
CASE NO: CS(Comm) No. 438 of 2022
CASE TITLE: Havells India Ltd Vs Shanghai Cet Electric Co. Ltd.
NAME OF HON'BLE COURT: High Court of Delhi
NAME OF HON'BLE JUDGE: The Honourable Justice Shree Navin Chawla
Brief Note on the case: 1.The Subject matter contempt petition was filed by the Plaintiff on the ground that in spite of order of this Hon'ble Court , the Defendant No. 3 and 4 have failed to remove all the infringing links bearing the impugned Trademark/Logo HAVELLS. Para 3
2. In answer to that, the Defendant No.2 and 3 alleged that the said links were not used for listing of the impugned Products. Para 3
3.The Plaintiff insisted that even invisible use of trademark does amount to be user of a trademark. Para 9
4. Defendants also alleged that though there was specific prayer for removal of meta tags, however , no order to this effect was passed by the Court. Para 10
5.The court observed that It is settled law that a party cannot be held guilty of having committed contempt of Court if the order is not clear or specific and a bona fide doubt can at least be attributed in the mind of the parties on the scope and ambit of the order. Para 13
6.In view of the above, court did not held the Defendant guilty of contempt of court. However the Court directed the Defendant No.3 and 4 to remove all the infringing meta tags. Para 17
Ajay Amitabh Suman, IPR Advocate,
Hon’ble Delhi High Court,
ajayamitabh7@gmail.com,
9990389539
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