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C. HARI SHANKAR
Ramada International,inc. – Appellant
Versus
La-ramada World Private Limited – Respondent
JUDGMENT (Oral)
C. Hari Shankar, J.
I.A. 16225/2021, I.A. 4182/2022 (under Order XXXIX Rule 2A of the CPC)
1. This is a gross case, in which the order of injunction, passed by this Court on 23 September 2021 was repeatedly breached by the defendants (Defendant 2 being the sole director of Defendant 1) with absolute impunity.
2. CS (COMM) 470/2021, the suit in which all these IAs have been filed and which is presently under consideration before this Court, was instituted by the plaintiff Ramada International, Inc. against Defendant 1, La-Ramada World Pvt. Ltd. and Defendant 2, a director and majority shareholder in Defendant 1, alleging infringement, by the defendants, of the trademark RAMADA, registered in favour of the plaintiff, the earliest registration of the said mark in favour of the plaintiff being of 8 October 1991. Additionally, the plaintiff also objected to the domain names <laramadaworld.com>, <laramadaworld.net.in> and <laramadaworld.online> whereunder the defendants were operating the websites https://laramadaworld.com/, http://laramadaworld.net.in and https://laramadaworld.online. The plaintiff also alleged that the name of the hotel operated by Defendant 1, "La Ram
Contumacious and wilful disobedience of injunction orders can lead to corrective actions such as monetary deposits or incarceration.
Willful disobedience of court orders, even if later complied with, can lead to significant penalties to uphold the authority of the court.
Power to order civil imprisonment under Order XXXIX Rule 2A curtails an individual's fundamental right, albeit through a process of law.
In contempt proceedings, proof beyond reasonable doubt is required, and willful disobedience must be established. When two views are possible, the element of willfulness vanishes as it involves a men....
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 main legal point established in the judgment is the violation of the interim injunction order and the importance of preventing diversion of traffic from the plaintiff's website to that of a compe....
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