Recently, in the case of TM No. 13592/2016 Lacoste S.A vs. Puneet Kumar & Anr., the Hon’ble Judge Ms. Twinkle Wadhwa of Patiala House District Court, New Delhi passed a judgment granting permanent injunction against two infringers selling counterfeit LACOSTE trademarked goods and granted damages to LACOSTE on account of loss to goodwill and reputation suffered from sale of fakes.
Lacoste filed the suit before the Patiala House District Court, New Delhi in order to restrain the trademark infringing and counterfeiting activity being pursued by the Defendants.
The Hon’ble court accepted the suit filed by Lacoste and directed for the appointment of the Local Commissioner in order to carry out the Search and Seizure Action on the Defendant’s premises at which they are conducting sale of counterfeit goods of the Plaintiff. The court adjudicated the matter on the major issues as to:
- Whether the Plaintiff is entitled for decree of permanent injunction?
- Whether the Plaintiff is entitled for decree of delivery up of counterfeit goods seized?
- Whether the Plaintiff is entitled to rendition of accounts and damages for sale of counterfeit goods?
There were two defendants in the present matter who were engaged in sale of counterfeits under the plaintiff’s trademark LACOSTE. One Defendant (Puneet Kumar) tendered an undertaking before the court and suffered permanent injunction on compromise basis. In regards to Defendant No. 2, The Hon’ble Court after considering the LC report and uncontroverted testimony of Lacoste and the fact that there was non-appearance of Defendant No. 2, held that Lacoste is entitled to permanent injunction restraining defendants from sale of counterfeit LACOSTE products. The court further injuncted the Defendants from dealing or disposing of the counterfeit goods and decreed for delivery up of impugned goods.
Hon’ble Court took a strict note of the illegal activity of the Defendant No. 2 and awarded Lacoste with Rs. 1 lac damages.