Sakina Tashrifwala
Published on: September 8, 2022 at 18:43 IST
The Delhi High Court provided ₹10 lakh costs to US-based fitness company CrossFit in a trademark infringement suit filed against a Gurugram-based gym.
Justice M Pratibha Singh ordered a permanent injunction in favour of CrossFit and initiated contempt of court proceedings against the disobeying gym for not complying with the court’s earlier order.
“The conduct of the Defendant in the present case prima facie amounts to contempt. Issue notice to show case to the Defendant’s proprietor Mr. Arun Sharma as to why contempt action ought not to be initiated,” the Court remarked.
The gym was using this trademark since 2018 and when CrossFit realized that a Gurugram based gym (RTB Gym and Fitness Centre) was using their initial trademark of “CrossFit” for fitness activities, they tried to resolve the matter through Pre-litigation Method.
Though, the proprietor of the gym, Arun Sharma, did not show up. Thus, the company filed a suit before the Delhi High Court in October 2021 and granted an interim injunction against Sharma.
Despite the Court orders, Sharma did not obey and later an affidavit was filed against him.
“The Defendant, having had knowledge of the injunction order dated 29th October, 2021, has chosen not to respond or even contest the matter,” the Court noted.
Thus, the Court observed, “Accordingly, in view of the fact that the Defendant has brazenly violated the orders of the Court, costs of Rs.10,00,000/- are awarded in favour of the Plaintiff.”
The Delhi High Court ordered the defendant to pay the amount in three months and failure to do so would permit CrossFit to avail remedies in accordance with the law.
The Court issued a notice to Sharma asking him to show cause why contempt proceedings should not be initiated against him.
Consequently, the Court also deemed it appropriate to appoint Advocate Meghna Jhandu as a local commissioner to visit the premises of the defendant to observe compliance of the orders by removing any hoardings and other billboards, signages, display materials, brochures, packaging, and literature bearing the mark “CROSSFIT”.
The matter will be further heard on November 29, 2022.
