Delhi High Court restricts Sadar Bazar seller from trading in fake Woodland products

Delhi High Court restricts Sadar Bazar seller from trading in fake Woodland products

Directs him to pay Rs.5 lakh to the apparel and footwear company within three months

The Delhi High Court has restrained a wholesale trader from manufacturing or selling knockoffs of Woodland products on a permanent basis.

The bench of Justice Prathiba M Singh directed the trader, located in Delhi's Sadar Bazar market, to also compensate Woodland's parent company, Aero Club.

Aero Club had approached the high court seeking a permanent injunction against the infringement of its trademark and copyright against the defendant companies Bhawna Trading and Gungun Belt House.

Woodland, the apparel, and footwear company contended that the defendants were engaged in selling counterfeit products under its mark 'Woodland.'

Following the 2021 order of the court granting an ex parte ad interim injunction in Woodland's favor, Gungun had entered a settlement with Aero Club. It acknowledged Woodland's ownership rights over the trademarks and agreed to pay a sum of Rs.70,000 in damages.

On the other hand, Bhawna Trading did not respond despite having knowledge of the proceedings. After a surprise visit to its premises by the local commissioner, 34 products bearing the 'Woodland' mark were seized.

The court relied on the commissioner's report to hold that a permanent injunction was liable to be granted against Bhawna Trading.

The bench stated, "The defendant and all others acting for or on its behalf, are permanently restrained from manufacturing, selling, offering for sale any products under the mark 'Woodland', the label, the tree device mark, or any other mark that is deceptively/confusingly similar to the plaintiff's mark."

To the rendition of accounts and damages sought by Aero Club, the court directed, "Considering the quantum of infringing products, which was seized by the commissioner, as also the costs incurred by the plaintiff in the proceedings, including the court fee, the fee of the commissioner, litigation costs, the defendant shall pay a sum of Rs.5 lakhs to the plaintiff."