Nippon Steel and Sumitomo Metal v. Kishor D. Jain and Anr. – A Case of Trademark Counterfeiting
This case discussed here is one of the highest-ever compensation awarded by the court in IP litigation in India. The plaintiff, Nippon Steel and Sumitomo Metal is a steel producer and has a global presence, having one of the offices in New Delhi (India). The defendants, . Kishor D. Jain and Anr had produced unbranded pipes from the local market/ manufacturers while affixing the plaintiff’s trade mark on the pipes manufactured. The defendant then exported these counterfeit goods to Saudi Arabian company- YANBU Steel Co. which used these pipes in its oil plants. YANBU complained against the defendant regarding the quality of a few carbon seamless pipes which were used in oil plants. The pipes supplied by the defendants were attached by inspection certificates showing that they originate from the plaintiff’s as it embarked on its trademark and logo. The Plaintiffs asserted that the defendants are causing grievous harm to the goodwill and reputation of the company; grievous harm to the environment as the pipes do not meet the required standard of security and safety and that their act has brought dishonour to the reputation of the country. The plaintiff’s products were of an extremely sensitive nature and used for utmost important tasks. The defendants have used a false trademark by falsely applying the existing trademark of the plaintiffs for the defendant’s own benefit which affected the goodwill and reputation of the plaintiff, globally. The court took a stand and imposed heavy fines of ₹5,00,00,000 for trademark infringement and an undertaking from the defendants to conduct matters in adherence to the law.
This case study has been contributed by Mansi Aggarwal during her internship with MikeLegal
References:
- Notice of Motion (L) No 810 of 2019 in COMIP (L) No 383 of 2019 (Bombay High Court).
