- Court
- Delhi High Court
- Date of judgment
- Judge
- C. Hari Shankar
- Outcome
- Suit decreed
Headnote
Suit decreed with a permanent injunction against use of the MONSTER word mark, logo and claw device. The defendant had used an identical mark with an identical logo. No order for rendition of profits or damages was made, but the Court held that it could not let the defendant off unconditionally given clear dishonesty and a transparent intent to pass off, and rejected as inherently unbelievable his affidavit that he now earned Rs. 600 a day, noting that he had previously sold sportswear and sports goods under the impugned mark on online platforms without disclosing those earnings. Punitive costs of Rs. 1,00,000 were imposed.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.