Facts of the Case:Eureka Forbes Limited, engaged in manufacturing and selling home appliances such as water purifiers under the trademark ‘AQUAGUARD,’ discovered that the defendant, Mr. Vinod K., was selling counterfeit spare parts under similar trademarks and labels. The defendant's products closely resembled those of the plaintiff, misleading consumers. Eureka Forbes claimed trademark and copyright infringement and sought an injunction.
Procedural Background :The suit was filed on May 19, 2023, seeking an injunction against the defendants. On May 23, 2023, the Delhi High Court granted an ex parte ad interim injunction, restricting the defendants from using the disputed trademarks. Local Commissioners were appointed, who seized infringing products from the defendants' premises. Defendant No. 1 failed to appear in court, and Defendant No. 2 settled the case on December 11, 2024. Defendant No. 1 was proceeded against ex parte, and the plaintiff sought a decree under Order VIII Rule 10 CPC.
Reasoning of the Court:The plaintiff's trademark ‘AQUAGUARD’ was well-known, registered since 1992, and had acquired goodwill. The defendant's products were nearly identical, using similar names, labels, and packaging, causing consumer deception. As no written statement was filed by Defendant No. 1, the court presumed all averments in the plaint to be true. The defendant’s actions constituted trademark infringement, copyright violation, and passing off. The conduct of Defendant No. 1, including threatening the court-appointed commissioners, warranted punitive damages.
Decision:The court granted a permanent injunction against Defendant No. 1, restraining further infringement. Damages and costs of ₹3,00,000 were awarded to the plaintiff. The suit was decreed under Order VIII Rule 10 CPC due to Defendant No. 1’s failure to file a defense.
Case Title: Eureka Forbes Limited vs. Mr. Vinod K. & Anr.
Date of Order: March 4, 2025
Case Number: CS(COMM) 335/2023
Neutral Citation: 2025:DHC:1534
Name of Court: Delhi High Court
Name of Hon’ble Judge: Hon'ble Mr. Justice Amit Bansal
