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DELHI HIGH COURT
PRATHIBA M.SINGH
Frankfinn Aviation Services Private Limited – Appellant
Versus
Frankfinn Creations – Respondent
| Table of Content |
|---|
| 1. interim injunction status and order. (Para 1 , 2 , 3) |
| 2. plaintiff's claims regarding trademark rights. (Para 4 , 5 , 6 , 7) |
| 3. defendants' non-compliance and court actions. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. court's judgment on trademark infringement. (Para 14 , 15 , 16 , 17) |
| 5. final orders and contempt findings. (Para 18 , 19 , 20 , 21) |
ORDER
Prathiba M. Singh, J.
I.A.7497/2021 (for stay)
1. Vide order dated 6th October, 2021, the interim injunction already granted was made absolute.
2. Status quo in respect of the domain name being `www.frankfinncreations.com' shall be maintained during the pendency of the suit.
3. Accordingly, I.A.7497/2021 is disposed of.
CS (COMM) 292/2021 & I.A.8404/2021 (u/O XXXIX Rule 2A CPC)
4. The present suit has been filed by the Plaintiff - Frankfinn Aviation Services Private Limited seeking permanent and mandatory injunction restraining the infringement of the trademark `FRANKFINN', passing off, acts of unfair competition, dilution, rendition of accounts, damages, delivery up and other reliefs, against the Defendant No.1 - M/s. Frankfinn Creations- which is a sole proprietary concern run by Defendant No.2 - Mr. Manoj Kumar.
5.
Trademark infringement and passing off granted as Plaintiff established extensive goodwill and unauthorized use by Defendants led to significant damages.
Trademark owners are entitled to seek injunction and damages against unauthorized use of identical marks which may lead to consumer confusion and unfair competition.
Strict compliance with court orders and consequences of contumacious conduct
The main legal point established in the judgment is the protection of trademarks and prevention of infringement and passing off, as well as the application of procedural rules under the Civil Procedu....
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