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DELHI HIGH COURT
PRATHIBA M.SINGH
Levi Strauss and Co. – Appellant
Versus
Imperial Online Services Private Limited – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present suit seeking permanent injunction restraining trademark infringement, copyright infringement, passing off of trademark and other reliefs has been filed by the Plaintiff - Levi Strauss & Co. In the suit, the Plaintiff seeks protection of its stitching design, which is known as `Arcuate Stitching Design' mark. The said mark, as per the Plaintiff, was adopted in 1873 and is used on all the textiles including denim jeans, which are manufactured and sold by the Plaintiff. The said mark is as extracted below:
3. The grievance of the Plaintiff is that the Defendants were also selling denim jeans with the identical `Arcuate Stitching Design' mark through the website www.urbanofashion.com and other e-commerce platforms. The Plaintiff found the products with the infringing mark on various e-commerce platforms including amazon.in, flipkart.com, nykaafashion.com, myntra.com, snapdeal.com, limeroad.com and paytmmall.com. The mark used by the Defendants is depicted below:
4. The Plaintiff had issued notices to the Defendants. Out of the Defendants impleaded in the present case, the D
The court confirmed the trademark's distinctiveness and secondary meaning of the `Arcuate Stitching Design`, granting permanent injunction against its infringement and imposing costs due to non-compl....
The main legal point established in the judgment is the recognition and protection of a 'well-known' trademark under the Trade Marks Act, 1999, and the Copyright Act, 1957, based on extensive use, re....
The court affirmed the registered trademark holder's rights against similar marks and clarified standards for proving prior use and confusion under trademark law.
Intellectual Property - Infringement of registered trade mark - Modify interim order - Subject to defendants filing an undertaking of their directors to abide by terms and conditions of undertaking a....
The main legal point established in the judgment is the protection of trademarks, the likelihood of confusion or deception arising from the similarity of marks, and the prima facie case of infringeme....
A prima facie case of trademark infringement arises from the phonetic similarity and the use of identical goods, whereas no prima facie case for design infringement is established due to distinctiven....
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