This running post provides a summary of the latest Trademark cases decided by courts in India in 2022:
L’oreal v. Haridas PA & Ors.
This was a suit for permanent injunction for restraining the Defendants and its agents from infringing Plaintiff’s well-known trademarks “L’OREAL, L’OREAL PROFESSIONNEL, L’OREAL PARIS” by violating its proprietary rights in its tradename and infringing its copyrights in its label and artistic works. The Court noted that the Plaintiff had the exclusive right to use the trademarks and Defendant was misusing and infringing the trademarks of the Plaintiff and passing off its goods as that of the Plaintiff which not only caused loss of profit to the Plaintiff but also resulted in the inferior products and services made available to the public at large, who were deceived by the conduct of the Defendant. The Court permanently injuncted the Defendant from using in any form or manner the registered trademarks of the Plaintiff , passing off, infringement of copyright, in relation to the impugned goods and services or using any deceptively similar trademark to the Plaintiff’s trademark L’OREAL , L’OREAL PROFESSIONNEL, L’OREAL PARIS in relation to the impugned goods and services.
Citation: L’oreal v Haridas PA& Ors, Decided by Delhi District Court on 31st January, 2022, available at https://indiankanoon.org/doc/163271814/, last visited on 16th February, 2022.
Rica S.P.A v. M/S Skin Safe Industries
The present suit filed by the Plaintiff sought relief of permanent injunction and other ancillary reliefs in respect of the infringement and passing off of its trademarks, copyrights and trade dress.
The Plaintiff, an Italian company, dealt in cosmetics and allied products under the trademarks/device mark “RICA” since 1994 worldwide and since 2005 in India for which it obtained registration under various classes in India. The Plaintiff alleged that the Defendant was infringing passing off its trademarks and copyrights by selling identical products.
It was held that the Plaintiff was able to make out a prima facie case in its favour for grant of ex parte ad interim injunction. Consequently, till the next date of hearing, the Defendants were restrained from using and copying Plaintiff’s trademarks, copyrights and trade dress.
Citation: Rica S.P.A vs M/S Skin Safe Industries , Decided by The High Court of Delhi on 7th February, 2022, available at https://indiankanoon.org/doc/140893426/, last visited on 11th February, 2022.
Levi Straus & Company v. Braint Denims
The present suit was filed by the Plaintiff seeking mandatory and permanent injunction restraining infringement of trademark and copyright, passing off, damages, and delivery against the Defendant. Levi Straus, the Plaintiff in this case was an American company engaged in the business of manufacturing and marketing of clothing of all kinds, readymade garments and clothing and leisure shoes, sunglasses, bags and other accessories under the trademarks “Levi’s” and “Levi’s (Housemark)”, “Two Horse logo” and the “Arcuate Stitching Design” logos embossed and written on its products. The Plaintiff Company had acquired unique distinction and enviable reputation and goodwill in India and across the world. On the other hand, the Defendant was a business entity engaged in the business of manufacturing, finishing, storing and selling infringing goods bearing the falsified trademarks “Levi’s”, “Levi’s (Housemark)”, and “Two Horse logo” and the “Arcuate Stitching” logos or deceptively similar trademarks which were highly inferior in quality to the products of the Plaintiff. The Plaintiff contended that the Defendant’s adoption and unauthorized use of the “Levi’s marks” of the constituted infringement of copyright and that the conduct of the Defendant was targeted to earn unlawful and easy profit at the cost of misusing the goodwill and reputation that vests in the Plaintiff.
The Court considered the facts and circumstances of the case and various evidence produced, and granted an order for permanent injunction restraining the Defendant from using the “Levi’s marks” and any other trademarks and logos deceptively and confusingly similar to the Plaintiff’s registered trademarks and logos on any apparel including jeans, t-shirts, and other accessories, or otherwise infringing the registered trademarks of the Plaintiff company.
Citation: Levi Straus & Company v. Braint Denims, Decided by The District Court of Delhi, on 8th February, 2022, available at https://indiankanoon.org/doc/179134837/, last visited on 11th February, 2022.
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Disclaimer
Please note that these case updates have been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the decisions published in the bulletin. You may write to contact@bananaip.com for corrections and take down.
