Fact of the Case:
Pioneer Corporation, a Japanese multinational and the registered proprietor of the "PIONEER" trademarks, engaged in manufacturing electronic products globally and in India since 1969, found that multiple defendants were involved in selling counterfeit car audio equipment and accessories under its well-known "PIONEER" marks. These activities were discovered during investigations and confirmed through raids at the defendants’ premises.
Procedural Background in Brief:
The Delhi High Court, on 14th October 2019, granted an ex parte injunction and appointed Local Commissioners, who executed searches on 23rd October 2019. Defendants no. 1 to 14 were eventually impleaded. Defendants no.1, 2, 3, and 9 settled with the plaintiff. Defendants no.4 to 8 and 10 to 14 failed to file written statements and were proceeded ex parte. The plaintiff then sought a decree under Order VIII Rule 10 CPC against the remaining defendants.
Reasoning of Court:
The Court noted that the plaintiff’s "PIONEER" marks are registered in India since 1969 and are globally recognized. The defendants' counterfeit products were visually similar to the plaintiff's goods and used the same marks without authorization. The defendants failed to contest the claims, and the reports of the Local Commissioners, which remained unchallenged, established the defendants' infringing conduct. The Court concluded that the defendants were guilty of trademark infringement and passing off.
Decision:
The Court granted a permanent injunction restraining defendants no.4 to 8 and 10 to 14 from using the "PIONEER" marks. The Court also awarded damages and costs of Rs. 1,50,000/- against each of the remaining defendants, in addition to prior costs borne by the plaintiff for court fees and commissioner fees.
Case Title: Pioneer Corporation Vs Mr. Gaurav Kumar
Date of Order: 4th March 2025
Case Number: CS(COMM) 571/2019
Name of Court: High Court of Delhi at New Delhi
Name of Hon'ble Judge: Hon'ble Mr. Justice Amit Bansal
