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AMIT BANSAL
Infiniti Retail Limited – Appellant
Versus
Croma Through Its Proprietor – Respondent
JUDGMENT
Amit Bansal, J. (Oral)
CS(COMM) 71/2022 and I.A. 7346/2023 (O-XIII A of the CPC seeking summary judgment)
1. The present suit has been filed seeking the relief of permanent injunction restraining the defendant from infringing the trademark of the plaintiff, passing off and other ancillary reliefs.
BRIEF FACTS
2. Briefly the case set up by the plaintiff is as under:
2.1. The plaintiff, Infiniti Retail Limited is a part of TATA Group. It owns and manages a national chain of retail shops offering a wide range of electronics, consumer products, household appliances and allied goods which include televisions, home appliances, kitchen appliances, phones, computers, audio and video products, camera, grooming and wellness products, gaming products, accessories etc., under the mark "CROMA".
2.2. The plaintiff operates through more than 225 physical stores since 2006 and also through its website www.croma.com, registered in 1996. The plaintiff employs approximately 13,000 people.
2.3. The plaintiff spent approximately Rs.35 lakhs in conceptualising the mark "CROMA" for its business. Thereafter, approximately Rs.60 lakhs were spent in designing and adopting a "CROMA" sub brands and ne
The plaintiff's rights as the registered proprietor of a well-known trademark were upheld, and the court applied the principles of trademark law to establish infringement and passing off by the defen....
The intentional use of another party's trademark to deceive customers and cause irreparable harm constitutes trademark infringement and passing off, leading to statutory protection and legal remedies....
Trademark infringement and passing off can be established based on the use of deceptively similar marks and failure to comply with interim injunction orders.
The court upheld that the plaintiff, as the registered proprietor of the well-known trademark 'CROMA', is entitled to injunction against the defendants' similar use and domain name registration, esta....
The court affirmed the plaintiffs' rights against infringement and passing off, validating their trademarks through established goodwill and allowing for summary judgment due to the defendant's non-a....
The main legal point established in the judgment is the court's authority to grant a summary judgment in cases where the defendant has no real prospects of successfully defending the claim and fails ....
The court held that a well-known trademark, like `TATA`, is entitled to protection against any unauthorized use that may deceive the public, confirming jurisdiction over foreign entities where online....
Trademark infringement occurs when a defendant uses an identical or deceptively similar mark causing confusion to consumers. The plaintiff establishes exclusive rights through registration and extens....
Trademark infringement occurs when parties use marks that are identical or deceptively similar, causing confusion; summary judgment is appropriate when defendants fail to contest claims or provide a ....
The court established that the unauthorized use of identical trademarks constitutes infringement and passing off, justifying a permanent injunction and awarding damages to the rightful trademark owne....
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