Trademark compliance and adherence to injunction orders are critical for protecting trademark rights; failure to comply warrants corrective action and penalties.

ORDER

The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. The defendants say that they have changed their corporate name, so as to comply with this court's directions dated 27.10.2021.

2. The learned counsel for the plaintiff says that as of last evening the defendants' social-media platforms such as Instagram and Facebook still show the defendant's name as "FRANKLIN/FRANKLIN AIR HOSTESS TRAINING AND CAREER GROOMING ACADEMY", which is in clear breach of the aforesaid injunction order.

3. The learned counsel for the defendants' state, upon instructions, that the said anomaly is inadvertent, and if it obtains even as of today, as well, will be removed by the time `the cows come home' this evening.

4. The learned counsel for the defendant nos.1 and 2 state that in view of the injunction order dated 27.10.2021, they have no objection to the domain name i.e., `http://franklinairhostess.com' being transferred in the name of the plaintiff, upon payment of the requisite fees/charges, and that the defendant Nos. 1 and 2 would have no right, title and interest in the said domain name, which was registered in their name. Requisite consent documents, affidavits and signed applications in this regard, will be signed by the defendants within three weeks. The plaintiff will furnish its account number to the defendant No.3.

5. The learned counsel for the defendant No.4 submits that the offending/infringing link i.e., Franklin Air Hostess Training and Career Grooming Academy/Franklin has been removed from the portal of the said defendant.

6. The learned counsel for the plaintiff informs the court that yet another link has popped up on the internet purportedly provided by the defendant No.4. Let the details of the same be provided by the plaintiff to the learned counsel for the defendant No.4 for removal/delinking of the said offending link from the website of the defendant No.4. The court is assured by the learned counsel for the defendant Nos. 3 and 4 that the compliance be done within two days of receipt of requisite information from the plaintiff. The assurance is accepted. The learned counsel for the parties submit that they will coordinate with each other for giving effect to the aforesaid order.

7. In view of the above, the defendant Nos.3 and 4 are deleted from the array of parties.

8. The defendant acknowledges that they have erred in the conduct of their business. They undertake to abide by the directions of this court dated 27.10.2021, which reads inter-alia as under:

"...

16. Accordingly, till further orders, defendant Nos.1 & 2, its directors, promoters as the case may be, servants, agents, franchisees and/or any one acting for and on its behalf are restrained from in any manner using the mark/name "FRANKLIN/FRANKLIN AIR HOSTESS TRAINING AND CAREER GROOMING ACADEMY" or any other mark/name either as a trademark, company's name, trading style, trade name, logo, key word, meta tag, domain name or in any other manner, identical or deceptively similar to the plaintiff's registered trademark "FRANKFINN" in relation to any goods or services in printed and/or in any other media, electronic online version or in any other form resulting in infringement, passing off, unfair competition and dilution of plaintiff's rights.

..."

9. The plaintiff undertakes to abide by the said order, in all circumstances. They also undertake to file an undertaking, to this effect, within two weeks.

10. The learned counsel for the plaintiff submits that the suit be decreed in terms of the above.

11. In the spirit of the said order and the