IP Case Digest · Trade Marks

JK Lakshmi Cement Limited v. Ram Byash Yadav & Anr.

Date of judgment
Judge
Sanjeev Narula
Outcome
Suit decreed

Headnote

Suit decreed with a permanent injunction, damages of Rs. 3,00,000 and costs of Rs. 5,50,000. The competing marks both used JK and LAKSHMI in red block letters with GYPSUM PLASTER below in smaller black type, on the same white background with green sides, for the same goods. The defendant had no registration and had previously issued a written apology acknowledging that it had ordered duplicate goods, which told against innocent adoption. On damages the Court held that a defendant who ignores summons should not escape liability, since that would penalise those who engage with the process and reward those who do not, and assessed damages on the invoices the Local Commissioner had seized.

Read the judgment (PDF)

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.