The Libman Company Vs. Shankarlal Talsaram

Facts of the Case:

The plaintiff, The Libman Company, a U.S.-based manufacturer of cleaning supplies, owns the trademark "LIBMAN." It has used the mark since 1971 and sells products globally, including in India. The defendant, Libman Technologies Private Limited, was found selling similar cleaning products under the "LIBMAN" mark and using the plaintiff’s corporate name and logo. Upon discovering this, the plaintiff sent a legal notice, which was ignored, leading to the filing of the present suit seeking a permanent injunction for passing off.

Issues:

The primary issue was whether the defendants' use of the "LIBMAN" mark amounted to passing off. The court also considered whether the plaintiff was entitled to a permanent injunction against the defendants and whether damages and costs should be awarded to the plaintiff.

Reasoning of the Court:

The court found that the defendants adopted an identical trademark for identical goods, which was deemed dishonest and intended to deceive consumers. Since the defendants failed to file a written statement or respond, they effectively admitted the plaintiff’s allegations. The court also noted that the plaintiff had established goodwill and reputation in India through continuous use and online sales. The defendants had no real defense, making this case suitable for a summary judgment under Order XIII-A CPC.

Decision:

The court granted a permanent injunction restraining the defendants from using the "LIBMAN" mark or any deceptively similar mark. The defendants were directed to pay damages and costs of ₹5,00,000 to the plaintiff. The court concluded that the defendants’ conduct warranted aggravated damages for their deliberate infringement and evasion of proceedings.

Law Point Settled:

Use of an identical or deceptively similar mark without authorization constitutes passing off. Failure to contest a case and ignoring legal notices can lead to summary judgment under Order XIII-A CPC. Courts can award aggravated damages and costs against infringers who act dishonestly and evade legal proceedings.

Case Details:

Case Title: The Libman Company vs. Shankarlal Talsaram & Others

Date of Order: 27th February, 2025

Case Number: CS(COMM) 290/2023

Neutral Citation: 2025:DHC:1404

Name of Hon'ble Judge: Hon’ble Mr. Justice Amit Bansal