Gucci gets permanent injunction against misuse of its logo from a Delhi Court

Gucci gets permanent injunction against misuse of its logo from a Delhi Court

The Court directed that all the infringing goods from the premises of the defendant be handed over to the plaintiff and destroyed while imposing a fine of ₹2 lakh in damages and ₹1.66 lakh on the defendant

Gucci, the Florence-based global luxury fashion brand, has been awarded an ex-pate injunction against misuse of its logo by a local manufacturer.

The Italian fashion brand had moved to a Delhi District Court through its lawyer Shashi P Ojha, contending that the Delhi-based Shipra Overseas, owned by one Intiyaz Sheikh, was manufacturing and selling cheap quality counterfeit products using its iconic logo.

Gucci had sought a permanent injunction from the District Court against the defendant, its agents and stockiest from manufacturing, trading, selling, supplying, marketing, offering for sale or dealing in any other way, any goods including socks, tags/labels and its packaging material and/or any other goods and accessories, etc. under the mark "GUCCI."

The Court passed a permanent injunction in Gucci's favour. In addition, it also directed the defendant to pay ₹2 lakh in damages and ₹1.66 lakh as costs.

In the suit, Gucci contended that its field representatives during a market survey in April 2019 found out that the Intiyaz Sheikh-owned Shipra Overseas was manufacturing, stocking and offering large quantities of counterfeit products including socks and packaging material under the plaintiff's well-known "green and red stripes" logo and mark "GUCCI" and presented pictures to support its claim.

Gucci argued in the court that the subject matter of the suit was commercial in nature as defined under Section 2(1)(c) of The Commercial Courts Act, 2015.

Gucci further contended that it had invested heavily in advertising its products bearing its distinctive trademark and logo throughout the world, including India, to promote its brand. The defendant's substandard counterfeit products were thus hurting its business interests.

The defendant failed to appear before the court, prompting District Judge Bharat Parashar to conclude that "It is clear that defendant deliberately chose not to participate in the present proceedings despite having due knowledge of the pendency of the present suit."

The court examined all the evidence produced before it in support of the suit and observed: "I do not find any reason to disbelieve the claim of plaintiff either as regard use of its mark 'GUCCI' and logo since long and also registration of its mark in India. I have also no reason to disbelieve that plaintiff company has acquired very high goodwill, exclusivity, distinctiveness and unique identity with respect to the products manufactured by it carrying the impugned mark and logo."

The District Court directed that all the infringing goods from the premises of the defendant be handed over to the plaintiff and destroyed.