Khushi Doshi
Published on: March 25, 2022 at 13:15 IST
The Delhi High Court has ordered the owner of the trademark ‘BOAT’ to be paid total of Rs.15 lakhs in monetary damages for the seizure of different counterfeit items based on inspections conducted by Court-appointed Local Commissioners.
Justice Pratibha M Singh found that the Defendants had flagrantly infringed on the Plaintiff’s trademark and logos, as well as the packaging.
The Court ordered the defendants to pay the Plaintiff the aforementioned sum within two weeks.
It did, however, state that because no items were discovered in the premises of Defendant No.3, no monetary damages will be imposed on it.
Imagine Marketing Private Limited filed the complaint in relation to the trademark BOAT, which it uses on a variety of electronic devices such as earphones, headphones, speakers, sound bars, travel chargers, premium tough cables, and so on.
Local Commissioners were appointed by order dated December 24, 2020, for the seizure of infringing merchandise from the Defendants’ premises.
Concerning Defendant No.1, the Local Commissioner presented a report saying that various items carrying the mark ‘BOAT’ were recognised and that a total of 22 counterfeit products were confiscated from the stated premises.
Concerning Defendant No.3, the Local Commissioner stated that no infringing items were discovered on the defendant’s premises.
The Court determined that the Plaintiff, as the owner of the registered trademark ‘BOAT’ containing the logo, was entitled to trade-mark protection as well as device mark and logo protection.
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