PRATHIBA M. SINGH
Aero Club – Appellant
Versus
Sahara Belts – Respondent
JUDGMENT
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
Brief Facts
2. The present suit relates to the trademark `WOODLAND'. The Plaintiff, filed the present suit, seeking an injunction against the Defendant, restraining them from manufacturing, offering for sale, selling, advertising, directly or indirectly any products bearing the registered trademark `WOODLAND' of the Plaintiff.
3. The Plaintiff adopted the said mark in the year 1992 along with a distinctive device. The said mark is used for manufacture, sale and export of various products including footwear, apparel products, lifestyle products like belts, wallets, shoes, shirts, T-shirts etc. The mark `WOODLAND', `WDL', `TREE device' and `WOODLAND' label are registered by the Plaintiff. The details of the registrations are set out in paragraph 7 of the plaint which are extracted below:
| Regn/Appln No. | Trademark | Date of Appln/User Date: | Class | Status |
| 573949 | Date of Appln: 25/05/1992 User Date: 21/05/1992 | 25 | Registered | |
| 710548 | Date of Appln: 23/07/1996 User Date: 31/12/1993 | 25 | Registered | |
| 710551 | Date of Appln: 23/07/1996 User Date: 01/01/1993 | 25 | Registered | |
| 1487602 | Date of Appln: 15/09/2006 User Date: 01/01/1993 | 18 | Registered | |
| 1547117 | ||||
The court established that the sale of counterfeit medical devices constitutes a grave offense endangering public health, warranting both compensatory and exemplary damages.
Trademark protection serves both the individual brand owner's interests and the consumer's right to accurate product representation, especially in cases of counterfeiting.
The main legal point established in the judgment is the grant of permanent injunction and award of damages in a trademark infringement case.
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