Case Title: Calvin Klein Trademark Trust Vs. Gurvinder Singh & Others Case Number: CS(COMM) 114/2023 Date of Order: 6th May, 2025 Court Name: High Court of Delhi Judge Name: Hon'ble Mr. Justice Amit Bansal Neutral Citation: 2025:DHC:3675
Facts:
The plaintiff, Calvin Klein Trademark Trust, a global brand owner, has filed a suit against multiple defendants including Gurvinder Singh and others for manufacturing, selling, and distributing counterfeit products bearing Calvin Klein trademarks (CK). The defendants engaged in infringing activities by selling counterfeit garments, stickers, and other products that seriously threaten the goodwill, reputation, and copyright of the plaintiff’s trademarks and artistic works.
Procedural History:
The suit was filed seeking permanent injunctions to restrain defendants from infringing trademarks and copyright, along with damages and costs. The court initially granted an ex-parte interim injunction. Local Commissioners found counterfeit CK products at the premises of defendants. Several defendants, including Gurvinder Singh, did not appear and were proceeded ex-parte. The court also allowed impleadment of additional defendants and issued notices, with mediation proceedings being conducted.
Issue: The core issues are:
- Whether the defendants infringed the plaintiff’s trademarks and copyrights through manufacturing, selling, and distributing counterfeit CK products.
- Whether the defendants’ activities constitute passing off.
- The appropriate relief and damages to be awarded to the plaintiff.
Decision:
The court held that the defendants were engaged in willful infringement of the CK trademarks and copyright, and adopted a successful case of passing off. The defendants’ activities posed a serious threat to the plaintiff's goodwill and business. It was noted that defendants no.1, 2, and 8 failed to appear and contest the suit, leading to ex-parte decrees. Damages of Rs.1,00,000 each were awarded to defendants no.1, 2, and 8. The court also directed the defendants to pay settlement amounts and imposed costs. Finally, the court pronounced the decree and disposed of the pending applications.
