Exercising jurisdiction over a non-resident defendant, Delhi High Court grants generous compensation in infringement of well-known trade dress

The Hon’ble Delhi High Court has passed an injunction order against lookalike chocolates being packaged under the trade name “Golden Passion” and in favor of well-known trademark/trade dress FERRERO ROCHER chocolates. The present case was for trade-dress infringement against the Defendant who ran the business of importing chocolates in a similar packaging under the trade name – “Golden Passion” from China. The Chinese manufacturer, along with the present suit, was also in contempt of an injunction order passed by the Delhi High Court in 2014 wherein the manufacturer was restrained from selling or manufacturing any product with a similar trademark or trade dress as that of FERRERO ROCHER.

The Hon’ble Court has exercised jurisdiction over both the defendants including the Indian importer and Chinese manufacturer based out of China as the infringing chocolates were been exported to India and were made available for sale through online websites. Therefore, the place of business for both the defendants is Delhi and The Trademark Act under section 134(2) provides the court jurisdiction even over non-resident if the place of business falls in the local jurisdiction of the Court.

The Hon’ble Court had very recently (discussed over here https://ipcentre.mehtaip.com/2018/01/31/indian-court-acknowledges-trade-dress-of-ferrero-rocher-tradedress/#more-548) passed a similar judgment in favor of FERRERO ROCHER wherein it reiterated that the plaintiff’s acquired status of a “well-known mark”.  In present matter, the established well known status of FERRERO ROCHER was not only awarded with an injunction order in its favor but was also awarded a generous damage amounting to Indian Rupees 10 lakhs. 

Contributor

Contributor to present post is Ritu.

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