Back
DELHI HIGH COURT
CALVIN KLEIN TRADEMARK TRUST & ANR. – Appellant
Versus
M/S GURU NANAK INTERNATIONAL & ORS. – Respondent
CS(COMM)-75_2020
TRADEMARK INFRINGEMENT - CALVIN KLEIN AND TOMMY HILFIGER - PERMANENT INJUNCTION GRANTED - DAMAGES AWARDED
Fact of the Case:
The Plaintiffs, Calvin Klein Trademark Trust and Tommy Hilfiger Europe B.V., filed a suit against the Defendants for infringement of their trademarks 'Calvin Klein', 'CK', 'TOMMY HILFIGER', 'TOMMY', 'TOMMY SPORT', 'TOMMY GIRL', and their labels. The Plaintiffs alleged that the Defendants were selling counterfeit products and were engaged in piracy of the said marks.
Finding of the Court:
The Court found that the Defendant No.5 was clearly engaged in the manufacturing and sale of counterfeit products as was evident from the record of the case as also the report of the Local Commissioner. The Court also noted that the Defendant No.5 had deliberately chosen to stay away from the proceedings merely to ensure that it was not required to produce its accounts.
Issues: 1. Whether the Defendants were infringing the Plaintiffs' trademarks?2. Whether the Plaintiffs were entitled to a permanent injunction?3. Whether the Plaintiffs were entitled to damages?
Ratio Decidendi: 1. The Court held that the Defendants were infringing the Plaintiffs' trademarks as they were selling counterfeit products bearing the Plaintiffs' marks.2. The Court held that the Plaintiffs were entitled to a permanent injunction as the Defendants had deliberately and knowingly infringed the Plaintiffs' trademarks.3. The Court held that the Plaintiffs were entitled to damages as the Defendants had caused them substantial losses by selling counterfeit products.
Final Decision: The Court decreed the suit in favor of the Plaintiffs and granted a permanent injunction restraining the Defendants from infringing the Plaintiffs' trademarks. The Court also awarded damages of Rs.10 lakhs and costs of Rs.1 lakh to the Plaintiffs.
$~28
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 8th December, 2023
+
CS(COMM) 75/2020 & I.A. 1318/2023
CALVIN KLEIN TRADEMARK TRUST & ANR...... Plaintiffs
Through:
Mr.
Saif
Khan,
Mr.
Prajjwal
Kushwaha and Mr. Sobhit Agarwal,
Advs.
versus
M/S GURU NANAK INTERNATIONAL & ORS. ..... Defendants
Through:
None.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1.
This hearing has been done through hybrid mode.
2. The present suit has been filed by two Plaintiffs, namely, (i) Calvin
Klein Trademark Trust; and, (ii) Tommy Hilfiger Europe B.V. seeking
permanent injunction restraining infringement of trade mark and copyright,
passing off, tarnishment, unfair competition, delivery up, rendition of
accounts, damages, etc.
3. The present case relates to the Plaintiffs’ trademark ‘Calvin Klein’,
CK, ‘TOMMY HILFIGER’, ‘TOMMY’, ‘TOMMY SPORT’, TOMMY
GIRL and the labels thereof.
4. The Plaintiff No.1 was launched by the renowned fashion designer
Calvin Klein in the year 1968 in USA. It is engaged in the business of
manufacture, distribution and sale of a wide range of clothing, fragrances,
cosmetics, eyewear, watches, home furnishings and other allied/ related
products. Ever since its establishment, the Plaintiff No. 1 has been using the
Digitally Signed
By:RAHUL
Signing Date:12.12.2023
16:52:36
Signature Not Verified
word marks/ logo marks ‘CALVIN KLEIN’ and ‘CK’ as trademarks as also
as an essential part of its trade name in relation to its goods and business.
The Plaintiff No. 1 has built a worldwide trade, goodwill and reputation
thereunder and acquired proprietary rights therein. In India, the goodwill of
the Plaintiff No.l's business is reflected, inter alia, in the consolidated sales
turnover by the Plaintiff which was about $31 million in year 2017 alone.
5. The Plaintiff No. 1 has taken efforts to secure legal protection over its
marks and several of its marks are duly registered in India under the Trade
Mark Act, 1999. The particulars of the same are mentioned in the table
below:
S.No. Trade Mark
Registration No. Class
1.
566080 3
2. CALVIN KLEIN (word mark)
603420 9
3.
(CK logo Device mark)
692775 9
4.
566078 18
5. CALVIN KLEIN (word mark)
603423 25
6.
678782 25
Digitally Signed
By:RAHUL
Signing Date:12.12.2023
16:52:36
Signature Not Verified
(CK logo Device mark)
7.
678783 25
8.
(CK logo Device mark)
698979 25
6. The Plaintiff No. 2 was established by Mr. Tommy Hilfiger, who is
one of the world's leading designers for lifestyle brands and is
internationally recognized. The Plaintiff No. 2 uses the mark 'TOMMY
HILFIGER', the flag device and other ‘TOMMY’ marks for sale of a wide
range of clothing, fragrances, cosmetics, eyewear, watches, home
furnishings and other allied/ related products. The Plaintiff No. 2 has huge
sales of its products all over the world. In 2017 the global sales of the
Plaintiff No. 2 were over $7.4 billion.
7. The Plaintiff No. 2 has various registered trademarks in India which
include the trademarks 'TOMMY HILFIGER', 'TOMMY', 'TOMMY
SPORT' and the Flag Logo. The below table provides the details of all the
relevant trademark registrations of the Plaintiff No. 2 in India:
S.No. Trade Mark
Registration No. Class
1. TOMMY HILFIGER
725528 9
2. TOMMY HILFIGER
465059 18
3. TOMMY HILFIGER
1275397 35
4. TOMMY
964905 14
5. TOMMY
964904 9
6. TOMMY
1195244 3
7. TOMMY
1275396 25
Digitally Signed
By:RAHUL
Signing Date:12.12.2023
16:52:36
Signature Not Verified
8. TOMMY SPORT
1114705 25
9. TOMMY GIRL
725529 3
10.
528964 3
11.
528965 14
12.
528966 18
13.
528968 24
14.
528969 25
15.
661684 3
16.
2208025 3,9, 14,
18, 24
and 25
8. The allegation, in the present suit, was that the Defendants were
selling counterfeit products and were engaged in piracy of the said marks.
9. In this case, an ex parte ad interim injunction w
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
