- Court
- Delhi High Court
- Date of judgment
- Judge
- Amit Bansal
- Outcome
- Suit decreed
Headnote
Summary judgment and the suit decreed with a permanent injunction, damages of Rs. 3,00,000 and costs of Rs. 3,00,000. The defendant neither appeared nor filed a written statement, so its documents were deemed admitted under Chapter VII Rule 4 of the Delhi High Court (Original Side) Rules and it had no defence on merits. The Flying Eagle device, an essential part of the plaintiffs' registered mark and the subject of a copyright registration, had been reproduced and used prominently on the defendant's website, amounting to infringement of both rights and to dilution, notwithstanding that the defendant's services were in a different field. Punitive damages followed the principle that a defendant who stays away despite service leaves its conduct to speak for itself.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.