- Court
- Delhi High Court
- Date of judgment
- Judge
- Mini Pushkarna
- Outcome
- Suit decreed
Headnote
Summary judgment under Order XIII-A CPC and the suit decreed against six defendants dealing in counterfeit NEW ERA caps. Four Local Commissioners had found infringing products at the defendants' premises, all operating from the same area. The registration certificates stood admitted in the absence of any affidavit of admission or denial of documents. The Court held the use to be a wilful and deliberate imitation with no plausible explanation offered, amounting to infringement under section 29 and to passing off, and apportioned damages and costs defendant by defendant according to the quantity of counterfeit goods found with each.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice.