Introduction Abhi Traders, a business engaged in designing and selling ethnic clothing under the trademark "Ibrana," filed a lawsuit against Fashnear Technologies Private Limited and other related defendants. The core issues revolve around copyright infringement and passing off, as Abhi Traders alleged that the defendants were unlawfully reproducing and using their copyrighted photographs to promote counterfeit products online.
Background and Allegations Abhi Traders owned copyrights over specific photographs used for advertising and promoting their products. These images were custom-created to showcase their designs, which contributed to their brand identity and success. The company claimed that the defendants, operating through an online platform managed by Fashnear Technologies (notably the platform 'Meesho'), had used identical or substantially similar photographs without authorization to sell counterfeit items, thereby infringing on Abhi Traders’ copyright rights and passing off their goods as genuine.
Repeated attempts were made by the plaintiff to resolve the matter amicably by approaching the platform provider, but the defendants continued their infringing activities. The plaintiff sought legal intervention to prevent ongoing infringement and misuse of their intellectual property.
Legal Proceedings The court noted that the defendants failed to appear or file any written statements after being served, resulting in their cases being deemed admitted under the procedural rules. The plaintiff presented photographic evidence demonstrating the resemblance between their original images and those used by the defendants. The court acknowledged that the long and continuous use of these photographs had established an inherent copyright ownership for the plaintiff in the relevant images.
The court found sufficient evidence to establish a prima facie case of copyright infringement and passing off, noting that the defendants had substantially reproduced the copyrighted images and misled consumers about the origin and authenticity of the products. An ad interim injunction was granted early on, restraining the defendants from showcasing, reproducing, or publishing the infringing images or products. The defendants' failure to contest or appear further supported the grant of a final decree.
Final Judgment and Relief The court ultimately passed a decree of permanent injunction in favor of Abhi Traders, restraining the defendants from infringing their copyright and passing off their products under the plaintiff’s well-known mark. The court also dismissed the other reliefs sought by the plaintiff and ordered that the decree sheet be prepared accordingly. All pending applications were disposed of, and the case was concluded in favor of the plaintiff.
Case Title: Abhi Traders Vs Fashnear Technologies Pvt. Ltd. Date of Order: 28th April, 2025 Case No.: CS(COMM) 180/2024 Neutral Citation: 2025:DHC:3280 Court: High Court of Delhi Judge: Hon'ble Mr. Justice Amit Bansal
