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Restrains Sale of Counterfeit SKF Bearings, Calls Them 'Safety Hazard'
In an decisive order, the has temporarily restrained two Delhi-based traders from selling counterfeit ball bearings under the globally recognized “SKF” mark, warning that such substandard products pose a serious safety hazard to vehicle drivers and the public. Justice Jyoti Singh, presiding over the commercial suit filed by Swedish bearings giant , granted an against and on .
The court also directed to freeze proceeds from two bank accounts linked to the alleged infringement, totalling over Rs. 6.93 lakhs.
A Century-Old Brand and a Distinctive Trade Dress
, which has used the SKF trademark since 1907 and operated in India since 1923, argued that it is the registered proprietor of the mark and owns copyright in its distinctive red, white and blue trade dress. The company emphasized that its products are sold only through authorized distributors, and it employs a smartphone application, ‘SKF Authenticate’, and a Data Matrix Code system to help customers verify genuine products.
The plaintiff discovered that , operating as a sole proprietorship of Bharat Jain, was offering ball bearings bearing the identical SKF mark in packaging that was a “mirror image” of the original. An investigation on , revealed that operated from the same premises and was similarly engaged in selling counterfeit SKF-branded bearings.
'Mirror Image' Copying and Intent
The court, upon comparing the rival packaging, observed that the defendants had copied the plaintiff's trade dress as a “mirror image,” which amounted to . Justice Singh noted that the adoption of the identical mark and packaging was “with a intent to come close to the Plaintiff and take unfair advantage of its immense goodwill and reputation,” as reflected in the plaintiff's substantial sales figures and promotional expenditure.
The court further held that the sale of inferior quality counterfeit bearings not only diluted the SKF mark but also endangered public safety. “Members of the public are likely to buy counterfeit ball bearings under an impression that they are genuine… besides being a safety hazard for vehicle drivers and thus detrimental to public interest,” the court remarked.
Legal Findings and Injunction
The court found that the plaintiff had made out a case of under , and . The favored the plaintiff, and the court held that would result if the injunction were not granted.
As an interim measure, the court restrained the defendants and all others acting on their behalf from using the SKF mark in any manner—whether as a trademark, domain name, email ID, or social media handle—and from using any similar trade dress or packaging for ball bearings.
Freeze on Infringement Proceeds
To prevent the defendants from diverting funds, the court directed Defendant No. 3, , to mark a lien on two bank accounts: one to the extent of Rs. 4,97,481 against and another to the extent of Rs. 1,95,817 against . The matter has been listed for further hearing on .
The court also granted the plaintiff exemption from in light of the urgent relief sought, and permitted it to file additional documents within 30 days.
This ruling underscores the judicial willingness to curb the sale of counterfeit industrial components, particularly when public safety is at stake, and reinforces the robust protection available to under Indian law.
