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C. HARI SHANKAR
Vst Industries Limited – Appellant
Versus
Golden Tobie Private Limited – Respondent
ORDER (Oral)
1. This suit was instituted by the plaintiff against the defendant alleging infringement, by the defendant, of the plaintiff's registered mark "TOTAL", used for manufacture and sale of cigarettes, by the defendant's mark "TOFAL". Accordingly, the plaint seeks an injunction against the defendant from using the impugned mark "TOFAL" or any other mark which is deceptively similar to the "TOTAL" mark of the plaintiff. In para 24 of the plaint, the plaintiff has also alleged passing off, by the defendant, of its product as that of the plaintiff as the defendant is using a trade dress which is deceptively similar to the trade dress of the plaintiff.
2. The suit already stands decreed, in respect of the prayer for injunction, by judgement and decree dated 1st August 2022. The only reliefs which remained for consideration were those of delivery up, damages and costs.
3. The Court vide order dated 1st August 2022, therefore, directed the defendant to file an affidavit on the aforesaid aspect and that the matter be relisted for hearing on the remaining aspects.
4. Subsequently, the defendant has filed an affidavit, in which it is contended that, though there were stocks of t
Even in the absence of specific quantifiable damages, the defendant can be held liable for monetary recompense for infringement, based on the principle of unjust enrichment.
Damages for trademark infringement must be compensatory, restoring the claimant's position pre-infringement, and are assessed based on actual losses, including business profits and goodwill.
Trademark infringement occurs when the use of a mark or trade-dress creates a likelihood of confusion among consumers; courts uphold the established goodwill of the original trademark holder.
Damages for intellectual property infringement must be compensatory, following the principle of restitutio in integrum. Quantification requires strict proof of causation between the infringement and ....
The court applied the provisions under Order XIII-A of the CPC and the Delhi High Court Intellectual Property Rights Division Rules, 2022 to grant a Summary Judgment in a commercial dispute involving....
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