1. Suit concerning infringement of intellectual property rights through sale of products on Instagram and a website. (Para 1 , 2 )
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2026 Supreme(Online)(Del) 22279
IN THE HIGH COURT OF DELHI AT NEW DELHI
Vikas Mahajan, J
Hermes International – Appellant
Versus
Eziere Technologies Private Limited – Respondent
CS(COMM) 1085/2026
Advocates:
For the Appellants/Petitioners: Pravin Anand, Ekta Sarin, Sugondha Yadav, Parth Malhotra
For the Respondents: Rishi Kapoor, Gitanjali Kapoor
For the Appellants/Petitioners: Pravin Anand, Ekta Sarin, Sugondha Yadav, Parth Malhotra
For the Respondents: Rishi Kapoor, Gitanjali Kapoor
The plaintiff may waive claims for damages in an infringement suit if the defendant removes the infringing products and provides a formal undertaking to cease future sales.
Headnote:(A) Intellectual Property Rights - Infringement - Undertaking by Defendant - Where the defendant removes infringing products and provides an undertaking not to sell them in the future, the plaintiff may waive the claim for damages.
Issues: Whether the plaintiff would waive damages upon the defendant providing an undertaking to cease infringement.
Legal Category Hierarchy
Table of Contents
2. Defendant offered to remove infringing products and give an undertaking; plaintiff sought damages but agreed to waive them upon the undertaking. (Para 1 , 2 , 3 )
3. Court accepted the defendant's submission to remove infringing content and give an undertaking, and recorded the plaintiff's waiver of damages. (Para 3 , 4 )
4. A defendant's undertaking to cease infringement and not sell infringing products can resolve a suit if the plaintiff waives damages. (Para 2 , 3 , 4 )
5. Defendant directed to file an undertaking; matter re-notified for further proceedings. (Para 4 , 5 )
6. Can an IP infringement suit be resolved by the defendant giving an undertaking to cease infringement?
Yes, if the plaintiff agrees to waive damages, the court may accept the defendant's undertaking to remove infringing products and not sell them in the future. (Para 2 , 3 , 4 )
O R D E R
CS(COMM) 1085/2026
1. Mr. Rishi Kapoor, learned counsel appearing on advance service on behalf of the defendant submits that the defendant has already removed pictures of the infringing products from its Instagram handle and the Website.
2. He further submits that the defendant has no intention of selling such products in the future as well. He contends that the defendant is ready to give an undertaking in terms of the prayer clause of the plaint, provided the plaintiff is ready to give up the claim for damages.
3. Mr. Pravin Anand, learned counsel appearing on behalf of the plaintiff, on instructions, submits that in case such an undertaking is given by the defendant, the plaintiff will not pressing for damages. The statement is taken on record and the defendant is bound down to the same.
4. Let an undertaking be filed by the defendant as stated.
5. At request, re-notify on 29.10.2026.
I.A.27460/2026, I.A.27461/2026, I.A.27462/2026, I.A.27463/2026 & I.A. 27464/2026
6. Re-notify on 29.10.2026.
