Fact of the Case:
TM 25 Holding BV, a Netherlands-based company and part of the G-Star Group of Companies, is the registered proprietor of the well-known "G-STAR" trademarks globally, including India. The company discovered that Akhtar Ali and other defendants were engaged in manufacturing and distributing counterfeit jeans and apparel using the "G-STAR" and "G-STAR RAW" marks without authorization. The plaintiff alleged that these activities infringed its registered trademarks and copyright-protected logos, leading to reputational and commercial harm.
Procedural Background in Brief:
On 19th December 2023, the Delhi High Court granted an ex parte ad-interim injunction restraining the defendants from infringing the plaintiff's trademarks. Local Commissioners were appointed, who conducted raids at the defendants' premises, recovering large quantities of counterfeit goods. All six defendants failed to file written statements within the statutory period and were proceeded ex parte. Defendant no. 2 had made a statement in court that he had stopped using the infringing marks, but thereafter also stopped appearing.
Reasoning of Court:
The Court noted that the defendants had no credible defence and that the plaintiff had established valid trademark rights over the "G-STAR" marks. The Local Commissioners’ reports confirmed the large-scale counterfeit activity. The Court also highlighted that the defendants’ conduct lacked bona fides and was aimed at riding on the goodwill of the plaintiff's marks. The adoption of identical or deceptively similar marks was found to be deliberate and mala fide.
Decision:
The Court decreed the suit in favor of TM 25 Holding BV, granting a permanent injunction against the defendants. The Court awarded damages and costs totaling Rs. 7,20,000 across defendants no. 1 to 6. The Court also directed that infringing goods and labels be destroyed or used for charitable purposes where applicable.
Case Details:
Case Title: TM 25 Holding BV Vs Akhtar Ali
Date of Order: 13th March 2025
Case Number: CS(COMM) 904/2023
Neutral Citation: Not provided
Name of Court: High Court of Delhi at New Delhi
Name of Hon'ble Judge: Hon'ble Ms. Justice Mini Pushkarna
