Bhawana Trading Co. & Anr., a trader in Sadar Bazar, Delhi has been permanently restrained by the Hon’ble Delhi High Court from manufacturing or selling of counterfeit Woodland products whose parent company is Aero Club and directed to pay a sum of Rs 5 lakh within three months.
Aero Club/Aero Group have been using the mark ‘Woodland’ in variety of products like wallets, shoes, clothes and belts. The Club approached the Hon’ble Delhi court last year for permanent injunction in order to restrain the infringement of its trademark and copyright. The Club claimed that the two Sadar Bazar based whole sellers of belts and wallets were engaged in the sale of counterfeit products. Thereby, the court granted an ex parte ad interim injunction in favour of Aero Club on December 21.
On September 2022, one of the traders Gun gun Belt House entered into a settlement with the Club and acknowledged the ownership and rights of the Club and also paid a sum of Rs 70,000 as damage. The defendant in the current case Bhawana Trading Co. did not enter as an appearance and rather proceeded against ex parte. In January 2022, the local commissioner already seized 34 products from the Company’s premise which had the mark of ‘Woodland’. The court in the present case acknowledges the Local Commissioner’s seizure and stated that the Company was involved in selling of counterfeit ‘Woodland’ products and issued permanent injunction against Bhawna Trading Company. The court further observed that the Company’s involved in the present case as defendants and ‘anyone acting on its behalf are permanently restrained from manufacturing, selling, offering for sale any products under the word mark ‘WOODLAND’, the ‘WOODLAND ‘label, the ‘WOODLAND’ tree device mark, or any other mark which is deceptively/ confusing similar to’ what the Aero Club mark ‘WOODLAND’.
By giving its concluding remarks, the Court imposed damages on Bhawana Trading Co. to pay a sum of Rs 5 Lakhs to the Aero Club within 3 months and that the Aero Club is permitted to avail remedies as per law and no other reliefs were given.
This case study has been written by Bhavya Bose during her internship with MikeLegal
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