The plaintiff, a renowned manufacturer and trader of various plastic and PVC products, alleged infringement of its registered trademark, copyright, and other intellectual property rights by the defendants. The plaintiff's brand, established in 1980, is well-known for its products and services in classes 17, 20, and 35. The plaintiff has a significant market presence, with sales exceeding Rs.600 crores and substantial advertising expenses.
During a market survey, the plaintiff discovered that defendant no.1 was selling infringing products, which were traced back to defendant no.2. Despite an initial apology and assurance to stop the sale of infringing goods, defendant no.1 continued, prompting the plaintiff to file suit. The court issued an interim order restraining the defendants from selling products under the plaintiff's trademark.
Defendant no.2 failed to appear or file a written statement, leading to ex-parte proceedings. The plaintiff and defendant no.1 reached a settlement, resulting in a decree in favor of the plaintiff. The court then considered the plaintiff's application for summary judgment against defendant no.2.
The court found that the plaintiff had established its case, proving continuous use of its trademark since 1980, the building of substantial goodwill, and the unauthorized use of its trademark by defendant no.2. The court noted that defendant no.2's actions constituted passing off and infringement, causing confusion among consumers.
Given the lack of defense from defendant no.2 and the clear infringement, the court deemed it a fit case for summary judgment under Order XIII-A of the Code of Civil Procedure, 1908. The court granted a permanent injunction against defendant no.2, restraining them from using the plaintiff's trademarks and passing off their goods as those of the plaintiff. Damages and costs totaling Rs.5,00,000 were awarded to the plaintiff,
Case Citation: Prakash Pipes Ltd. Vs Jiaswal Traders: 29.08.2024: 2024:DHC: 6513: CS(COMM) 540 of 2023:Mini Pushkarna, H.J.
Written by: Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney] United & United
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