Delhi High Court passes an ex-parte Summary Judgement against Trademark Infringer, Read Judgement

The plaintiff in an IPR suit filed an application before the Delhi High Court seeking a decree of the suit by way of a summary judgment.

Brief Facts:

The plaintiff had instituted the suit seeking a permanent injunction against the use of a registered trademark and passing off goods against two defendants. During a market survey, the plaintiff found that defendant no.1, who was a sub-dealer of the plaintiff itself, was selling infringing goods that he had procured from defendant no.2.

High Court’s Observations and Decision:

The plaintiff apprised the bench that it had entered into a compromise with defendant no.1. and prayed that a summary judgment may be passed against defendant no.2. The bench proceeded ex-parte against defendant no.2 and arrived at the view that the acts of defendant no.2 were “writ large with trickery and deceit.” The court observed that the defendant no.2 had copied every single detail of the plaintiff’s mark including colour, writing style and placing of the mark on similar goods.

The High Court stated that, “Therefore, in light of the aforesaid, this Court is of the opinion that the defendant no.2 has no real prospect of successfully defending the claim as well as there is no other compelling reason why the present suit not be disposed of before recording of oral evidence.”

Accordingly, the High Court found it a fit case for passing a summary judgment in terms of Order XIII-A of the Code of Civil Procedure, 1908. The Court granted the relief of permanent injunction against defendant no. 2 and awarded damages and costs to the plaintiff.

Bench: Justice Saurabh Banerjee

Judgement Date: 29th August 2024

To read the Judgement, Click here.