The Single Bench of the Delhi High Court in the case of Cross Fit LLC vs RTB Gym And Fitness Centre Through Its Proprietor Mr. Arun Sharma consisting of Justice Prathiba M. Singh while permanently restraining a Gym and Fitness Centre, awarded Rs. 10 lakhs in favour of ‘CROSSFIT’ for the Trademark Infringement.
Facts
This suit was filed by the Plaintiff seeking permanent injunction restraining infringement of trademark, passing off, dilution and tarnishment of trademark, unfair competition, damages, rendition of accounts, delivery up, and other reliefs. The Plaintiff claimed to be the proprietor of the registered trademark ‘CROSSFIT’ used in respect of services in the health, fitness and nutrition sector. It coined and adopted the mark ‘CROSSFIT’ in the year 1995 and has been continuously and extensively using the said mark in respect of its products and services. In India, the first ‘CROSSFIT’ gym was opened in the year 2009 and it has more than 40 licensees/affiliates. The Plaintiff’s grievance was that the Defendant was a gym and fitness centre owned and operated by its proprietor Mr. Arun Sharma and was using the identical mark ‘CROSSFIT’ in respect of identical services relating to gym and fitness and had been prominently displaying the mark ‘CROSSFIT’ at its premises, literature, online pages as hashtags since March 2018.
Procedural History
Even though an ex parte ad-interim injunction was granted by the Court in October 2021, the Defendant continued to infringe the Trademark.
Observations of the Court
The Bench was convinced that the Plaintiff had made out a case for the grant of permanent and mandatory injunction and the present suit was liable to be decreed.
Judgment
The Bench, considering that the Defendant had brazenly violated the orders of the Court, awarded costs of Rs.10,00,000/- in favour of the Plaintiff.
Regarding the Contumacious Conduct of the Defendant, it observed that show cause notice was to be issued to the Defendant’s proprietor as to why contempt action ought not to be initiated. It also deemed it appropriate to appoint a Local Commissioner to visit the premises of the Defendant to ensure compliance of the orders of this Court by removing any hoardings and any other billboards, signage, display material, brochures, packaging, and literature bearing the mark ‘CROSSFIT’.
Case: Cross Fit LLC vs RTB Gym And Fitness Centre Through Its Proprietor Mr. Arun Sharma
Citation: CS(COMM) 543/2021
Bench: Justice Prathiba M. Singh
Decided on: 6th September 2022
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