Fact of the Case:
Eureka Forbes Limited, a leading manufacturer and marketer of home appliances including water purifiers, alleged that Mr. Vinod K. and his company were selling counterfeit spares/consumables using the plaintiff's trademarks such as 'AQUAGUARD', 'AQUASFILTER', 'ACTIVE COPPER MAXX', and the slogan 'PAANI KA DOCTOR'. The counterfeit products used identical marks, get-ups, and labels, misleading consumers and infringing upon the plaintiff's intellectual property rights.
Procedural Background (in brief):
The suit was filed on 19th May 2023 seeking permanent injunction and ancillary reliefs. An ex parte ad interim injunction was granted on 23rd May 2023, along with the appointment of Local Commissioners. Infringing products were seized on 26th May 2023. Defendant No. 1 (Mr. Vinod K.) failed to file an effective written statement and was later proceeded ex parte on 11th December 2024. Defendant No. 2 settled the dispute, and the suit was decreed against him on 11th December 2024.
Reasoning of Court:
Defendant No. 1 failed to contest the suit; hence, the averments in the plaint were deemed admitted. The plaintiff proved ownership of well-known trademarks and copyright in artistic works. Evidence, including the Local Commissioner’s report and documents such as sales turnover, trademark and copyright certificates, supported the plaintiff’s claims. The defendant’s use of identical marks and trade dress amounted to trademark infringement, copyright infringement, and passing off. The defendant’s misconduct, including threatening the Local Commissioner, was noted as aggravating conduct.
Decision:
A permanent injunction was granted restraining Defendant No. 1 from using the plaintiff’s marks and get-ups. Damages and costs amounting to Rs. 3,00,000 were awarded to the plaintiff. The suit was decreed in favor of the plaintiff under Order VIII Rule 10 CPC.
Case Details:
Case Title: Eureka Forbes Limited (Formerly Forbes Enviro Solutions Limited) vs. Mr. Vinod K. and Anr.
Date of Order: 4th March 2025
Case Number: CS(COMM) 335/2023
Neutral Citation: Not provided
Name of Court: High Court of Delhi at New Delhi
Name of Hon'ble Judge: Hon'ble Mr. Justice Amit Bansal
