Delhi High Court
Levi Strauss & Company vs Nizami Garments on 3 November, 2011
Author: Indermeet Kaur
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 03.11.2011
+ F.A.O. No.472/2011 & CM No. 20028/2011
LEVI STRAUSS & COMPANY ...........Appellant
Through: Mr. Pramod Kumar Singh,
Advocate.
Versus
NIZAMI GARMENTS ..........Respondent
Through: Nemo.
CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR
1. Whether the Reporters of local papers may be allowed to
see the judgment?
2. To be referred to the Reporter or not? Yes
3. Whether the judgment should be reported in the Digest?
Yes
INDERMEET KAUR, J. (Oral)
1 Order impugned before this Court is the order dated
18.10.2011 whereby in a suit for infringement of trademark filed
by the plaintiff company namely M/s Levi Strauss and Company
the interim relief under Order 39 Rules 1 & 2 of the Code of Civil
Procedure (hereinafter referred to as the „Code‟) had not been
granted; the prayer made in the application under Order 26 Rule
9 of the Code seeking appointment of a Local Commissioner had
also been rejected.
2 Record shows that the present suit has been filed by the
plaintiff company seeking a mandatory and permanent injunction
for passing off, infringement of trademark and copyright, unfair
competition, damages and rendition of accounts. The defendant is
Nizami Garments, A/7022, Ashok Gali, Gandhi Nagar, Delhi. The
plaintiff is stated to be engaged in the business of manufacture
and marketing of clothing of all kinds, readymade garments and
clothing and leisure shoes, spectacle glasses, sunglasses, bags
and other accessories under the trademark "Levi‟s". The plaintiff
is operating his business in various parts and is a well-known
branded company. The plaintiff is stated to be the registered
owner of several trademarks including "Levi‟s" which has been
registered under different classes of Trademark Act and Rules.
The plaintiff company also has the exclusive rights to the labels
bearing the trade mark "Levi‟s" and "Levi‟s (Housemark)", "two
horse logo" and the "arcuate stitching design" logos
embossed/written on its products. In the last week of September,
2011 the plaintiff has learnt that the defendant is clandestinely
manufacturing and supply T-shirts, shirts, shorts, jeans and other
apparels under the "Levi‟s" and "Levi‟s (Housemark)", "two horse
logo" which are deceptively similar to the logos of the plaintiff
company; he is blatantly infringing the registered trademark of
the plaintiff. His contention is that name and logo on the products
by the defendant being deceptively similar have created confusion
in the minds of ordinary purchaser; ex-parte injunction as also the
relief that a Local Commissioner be appointed to seize the
infringing goods from the disputed premises had been prayed for.
As noted supra, both these prayers had been declined by the
impugned order. Along with the suit, the documents filed by the
plaintiff to substantiate his case i.e. his registered trademark as
also the photographs showing the impugned mark "Levi‟s" and
"Levi‟s (Housemark)", "two horse logo" used on the T-shirts which
are being sold by the defendant have also been placed on record.
Prima-facie case has been made out by the plaintiff. In case an ex-
parte injunction is not granted in his favour he will suffer an
irreparable loss and injury; balance of convenience also lies in his
favour. It is also imperative that a Local Commissioner be
appointed ex-parte to seize the infringing goods; the impugned
order is accordingly set aside.
3 Accordingly till the disposal of the suit, unless varied the
defendant, its associates and agents, directors, officers,
employees, distributors, franchisee, representatives and assigns
are restrained from using the mark "Levi‟s" and "Levi‟s
(Housemark)", "two horse logo".
4 The prayer made in the application under Order 26 Rule 9 of
the Code is also allowed. Ms. Cauveri Birbal, Advocate (Mobile
No. 9810017683) is hereby appointed as Local Commissioner to
visit the site i.e. Nizami Garments, A/7022, Ashok Gali, Gandhi
Nagar, Delhi to do the following:-
(a) To seize all infringing goods including all finished and
unfinished materials like T-shirts, shirts, shorts, jeans and other
apparels, labels, stickers, buttons, packaging materials etc.
bearing any of the trademarks/logos "Levi‟s" and "Levi‟s
(Housemark)", "two horse logo" and the "arcuate stitching
design" or any other marks/logos deceptively similar to the
trademark of the plaintiff..
(b) The Local Commissioner is permitted to open the lock of the
premises/godown, if any, where the defendant is keeping huge
amount of spurious products and seize all finished and unfinished
materials like T-shirts, shirts, shorts, jeans and other apparels,
labels, stickers, buttons, packaging materials etc. bearing any of
the trademarks/logos "Levi‟s" and "Levi‟s (Housemark)", "two
horse logo" and the "arcuate stitching design" or any other
marks/logos deceptively similar to the trademark of the plaintiff.
(c) She is also permitted to seize and sign the books of
accounts, ledger, cash registers, stock registers, invoices, day
books etc of the defendant.
(d) The Local Commissioner may take local police assistance in
execution of this commission.
5 The fee of the Local Commissioner is fixed at Rs.70,000/- to
be paid by the plaintiff; the Local Commissioner will visit the site
within five days from today at a time to be fixed as per the
convenience of the parties. The plaintiff or its authorized
representative is permitted to accompany the Local Commissioner
to visit the site.
6 Petition is disposed of in the above terms.
7 Orders dasti under the signatures of the Court Master.
INDERMEET KAUR, J
NOVEMBER 03, 2011, A
