Hero Invest Corp (P) Ltd. vs. Ashok Kumar

"Protecting Brand Integrity: Trademark Infringement Consequences"

Facts

- The plaintiff, Hero, filed a suit against the defendant, Ashok Kumar, for trademark infringement, passing off, and unfair trade competition.

- The defendant was manufacturing and marketing industrial oil and lubricants using the Hero trademark without authorization.

- A local commissioner was appointed to seize the infringing goods, and a significant quantity of counterfeit materials was found.

Findings

- The defendant's failure to challenge the local commissioner's report or participate in the court proceedings worked against them.

- The court relied on precedents, such as Inter Ikea Systems BV & Ors. Vs. Intiyaaz Ahmed & Ors., to conclude that the defendant's non-participation didn't entitle them to any advantage.

- The local commissioner's report and photographs demonstrated large-scale infringement.

Judgment

The court decreed the suit in Favor of the plaintiff, restraining the defendant from using the Hero trademark.

The defendant was directed to:

- Deliver up all infringing goods, dyes, blocks, and labels.

- Remove the Hero logo from e-commerce websites.

- Damages of Rs. 10,00,000 were awarded to the plaintiff, considering the quantity of counterfeit goods seized.

- The plaintiff was also entitled to the cost of the suit .