Tommy Hilfiger Europe BV – Appellant
Versus
Partha Chatterjee – Respondent
TEJAS KARIA, J. (ORAL)
1. I.A. 29751/2025 has been filed on behalf of the Plaintiff under Order XIII Rule 10 of the Code of Civil Procedure, 1908 (“CPC”), seeking pronouncement of judgment against the Defendant.
2. The Plaintiff has filed the present Suit for a decree of permanent injunction restraining infringement of its Trade Marks, ‘TOMMY HILFIGER’, ‘TOMMY’, ‘TOMMY SPORT’, ‘TOMMY GIRL’, ‘DREAMING TOMMY HILFIGER’, ‘ ’, ‘ ’,
‘ ’, ‘ ’, ‘ ’, ‘ ’, and ‘ ’ (“Plaintiff’s Marks”) passing off, dilution, damages, rendition of accounts, delivery up, etc.
PROCEDURAL HISTORY
3. Vide Order dated 20.12.2018, an ex-parte ad-interim injunction was passed restraining the Defendant, its partners, if any, officers, servants, agents, distributors, stockists and representatives from manufacturing, selling and/or offering for sale, advertising, or directly or indirectly dealing in any manner, in any goods bearing the registered Trade Mark, ‘TOMMY HILFIGER’, or any other similar Mark.
4. Vide Order dated 07.03.2019, the bank accounts of the Defendant were directed to be frozen and since the Defendant had refused service of summons, the Defendant was directed to be served once again through WhatsApp, e-mail
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