Fact of the Case:
Panasonic Holdings Corporation (Japan) and its Indian subsidiary, Panasonic Life Solutions India Pvt. Ltd., filed a suit against Ashok Kumar and others for infringing their registered trademark "ANCHOR" and associated device marks. The plaintiffs alleged that the defendants were manufacturing and selling counterfeit electrical packaging materials and products, including electric wires, bearing the plaintiffs' well-known mark "ANCHOR" and copying their trade dress, leading to consumer deception and reputational damage.
Procedural Background in Brief:
The plaintiffs filed a commercial suit seeking a permanent injunction, damages, and ancillary reliefs. The Delhi High Court granted an ex parte injunction on 14th February 2025 and appointed three Local Commissioners to seize the infringing goods from the defendants' premises. The plaintiffs were exempted from providing advance notice to the defendants to prevent the removal of counterfeit goods. Summons were issued to the defendants, and the matter was listed for further hearing.
Reasoning of Court:
The Court noted that the plaintiffs had established strong statutory and common law rights over the "ANCHOR" mark, widely used in India since 1996 and associated with high sales turnover and brand recognition. The Court found that the defendants' packaging and use of the mark "ANCHOR" were deceptively similar to the plaintiffs' mark and trade dress, likely to cause confusion among consumers. Additionally, the Court considered public safety concerns, as counterfeit electrical products could result in hazards such as short circuits or fires. The balance of convenience favored the plaintiffs.
Decision:
The Court passed an ex parte ad-interim injunction restraining the defendants from manufacturing, selling, or dealing in products or packaging bearing the plaintiffs’ "ANCHOR" mark or any deceptively similar variant. The Court also appointed Local Commissioners to seize infringing goods from the defendants' premises, authorized them to take inventories and photograph the seized stock, and directed police assistance for the enforcement of the commission.
Case Details:
Case Title: Panasonic Holdings Corporation Vs Ashok Kumar
Date of Order: 14th February 2025
Case Number: CS(COMM) 126/2025
Name of Court: High Court of Delhi at New Delhi
Name of Hon'ble Judge: Hon'ble Mr. Justice Amit Bansal
