Back
DELHI HIGH COURT
AMIT BANSAL
RPG Enterprises Limited – Appellant
Versus
RPG Developers Private Limited – Respondent
| Table of Content |
|---|
| 1. trademark infringement and ownership (Para 1 , 2) |
| 2. service and procedural compliance (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. defendant's failure to appear and implications (Para 11 , 12 , 13 , 14 , 15) |
| 4. granting relief of permanent injunction (Para 16 , 17) |
| 5. final decree and award of damages (Para 18 , 19 , 20 , 21 , 22 , 23 , 24) |
JUDGMENT
Amit Bansal, J. (Oral)
CS(COMM) 21/2018
1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trademarks and copyrights of the plaintiff, passing off their goods as that of the plaintiff's and other ancillary reliefs.
PLEADINGS IN THE PLAINT
2. The case set up by the plaintiff in the plaint is as follows:
2.1. The plaintiff, M/s RPG Enterprises Limited is an Indian industrial conglomerate comprising of over twenty companies in the area of infrastructure, tyres, technology and speciality.
2.2. The plaintiff has been has been using the `RPG' word mark since 1979.
2.3. The plaintiff is the proprietor of the registered trademark `RPG', 
, 
and other related marks in Classes 5, 9, 12, 16 and 30 of the Trade Marks Act, 1999. The said marks have come to be exclusiv
| |
The use of a well-known trademark by a defendant for similar goods, causing public confusion, constitutes trademark infringement and passing off.
In cases of trademark infringement and passing off, the court may grant a permanent injunction to restrain the defendant from using a deceptively similar mark and may award damages and costs to the p....
The court established the importance of proving ownership, validity, and goodwill of a trademark in cases of trademark and copyright infringement, and emphasized the consequences of a defendant's fai....
The central legal point established in the judgment is the entitlement of the plaintiff to statutory protection and the grant of injunction for infringement under the Trademark Act, 1999.
Trademark infringement occurs when a party continues to use a trademark after termination of rights without defense, violating the owner's established rights and goodwill.
After interim injunction passed by this Court defendants has stopped using trademark of plaintiff and he has sent a letter to plaintiff informing that he is not using trademark “SPS Gopal” any furthe....
The court established that failure to respond to infringement claims leads to automatic admission of the plaintiff's allegations, justifying a decree without trial.
Trademark infringement occurs when identical or confusingly similar marks serve identical services, creating potential consumer confusion.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
