ZINO DAVIDOFF SA vs BHALANI ENTERPRISES

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 127

AMIT BANSAL
ZINO DAVIDOFF SA – Appellant
Versus
BHALANI ENTERPRISES – Respondent

Advocates Appeared:
For the Plaintiff : Mr. Ajay Amitabh Suman, Adv.
For the Defendants : Ms. Snehima Jauhari with Mr. Sohrab Singh Mann, Adv.

JUDGMENT :

[Amit Bansal, J.]

CS(COMM) 460/2016

1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademarks and copyrights of the plaintiff, passing off their goods as that of the plaintiff’s and other ancillary reliefs.

PLEADINGS IN THE PLAINT

2. The case set up by the plaintiff in the plaint is as follows:

2.1 The plaintiff is in the business of manufacturing, selling and distributing various products including perfumes and fragrances under the trademark ‘DAVIDOFF’.

2.2 The plaintiff has been using the trademark ‘DAVIDOFF’ since 1984 in respect of its perfumes and fragrances.

2.3 The plaintiff is the proprietor of the registered trademark ‘DAVIDOFF’ and other related marks of the plaintiff in Classes 3, 33 and 25 of the Trade Marks Act, 1999, details of which are provided in paragraph 8 of the plaint. The said marks of the plaintiff are also registered by the plaintiff in various foreign countries.

2.4 The goods of the plaintiffs are sold in more than 100 countries of the world including India. The plaintiff’s trademark ‘DAVIDOFF’ has acquired vast goodwill and reputation all over the world including India. The