The well-known "Calvin Klein" trademark owner COTY GERMANY GMBH filed a trademark infringement complaint with the Delhi High Court.
According to the plaint, the plaintiff's trade mark "Calvin Klein" was established and adopted based on the name of its founder in 1967, and the plaintiff has been using the said mark ever since. This includes utilising the mark as a whole, in its original form, and its abbreviated "CK" form. Additionally, the plaintiff has been using its effect in a manner that is unmistakably linked to its identity.
The plaintiff's alleged that the defendants are using the plaintiff's mark for their products and selling testers of the plaintiff's products for a profit through the websites www.perfumery.co.in and www.unboxed.in. These testers only allow a potential customer to try the fragrance before buying it. The defendants are engaging in unfair trade practices by selling testers that are never intended to be sold for profit. Additionally, the defendants are selling these testers under the guise of the plaintiff's perfumes, tricking consumers into parting with money for items not intended for commercial distribution.
The defendants are accused of adopting and exploiting the plaintiff's marks dishonestly and with malicious intent.
It is claimed that the defendants are utilising the marks to market and sell their goods, and sample images of the allegedly infringing goods have been submitted with the plaint.
All claims and allegations in the plaint are taken to be conceded because the defendants' written statement was struck from the record, and they did not turn up in Court. According to the allegations in the plaint, the defendants infringed on the plaintiff's registered trademarks, illegally misrepresented their products and those of the plaintiff's testers as the latter's goods for commercial sale, and thus defrauded the buying public.
The Court imposed a cost of ₹ 1,00,000/-, to be paid by the defendants within four weeks from the judgement's passing date.
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