Trademark Infringement | Bombay HC Grants Ex Parte Ad Interim Relief To Skechers Against Alleged Counterfeit Of Goods By A Company
|The Bombay High Court granted ex parte ad interim relief to Skechers, an international footwear brand in an alleged case of trademark infringement.
The Court noted that the Defendants’ Impugned Goods were counterfeits and they have bodily lifted the Plaintiffs’ Trademarks and the Plaintiffs’ Artistic Works and have applied the same to the Impugned Goods.
The Court was hearing an Interim Application in a Commercial IPR suit where the Plaintiffs sought an ex-parte order, fearing that if notice is given to the defendants they may dispose of the counterfeit goods.
The bench of Justice RI Chagla observed, “…adoption of the Plaintiffs’ Trade Marks and the Plaintiffs’ Artistic Works in relation to the Impugned Goods by the Defendants is dishonest.”
Advocate Hiren Kamod appeared for the Appellant.
Brief Facts-
In the present case, the plaintiffs filed a suit for trademark and copyright infringement against the defendants, alleging unauthorised use of their 'SKECHERS' and other trademarks and artistic designs. Plaintiff No. 2 designs and markets footwear, apparel, and accessories, while Plaintiff No. 3 holds trademark rights for 'SKECHERS' and other such trademarks and has licensed these to Plaintiff No. 1 for Indian distribution. An investigator discovered counterfeit goods bearing the Plaintiffs' trademarks at the defendants' locations which appeared to be imitation products not originating from the Plaintiffs. Hence, the Plaintiffs sought an ex-parte order, fearing that if notified, the defendants may dispose of the counterfeit goods.
The Court said that the Plaintiffs have acquired reputation and goodwill in the Plaintiffs’ Trademarks and the Plaintiffs’ Artistic Works.
The Court noted that unless the reliefs sought are granted, the Plaintiffs will suffer or are likely to suffer irreparable harm, loss and injury.
The Court said that the adoption of the Plaintiffs’ Trademarks and the Plaintiffs’ Artistic Works in relation to the Impugned Goods by the Defendants is dishonest.
Accordingly, the Court said that giving any notice to the Defendants before passing the present order would defeat the very purpose of granting ad-interim reliefs.
The Court clarified that the order shall not prevent the Defendants from selling original/legitimate goods upon which the Plaintiffs’ Trademarks and the Plaintiffs’ Artistic Works have been affixed by the Plaintiffs or any other person authorised by the Plaintiffs, if any, sourced from legitimate sources, though the order shall apply to all other products, bags, invoices, signboards, material bearing the Plaintiffs’ Trademarks and the Plaintiffs’ Artistic Works which is not authorised by the Plaintiffs.
The Court listed the matter for further hearing.
Cause Title: Skechers South Asia Pvt. Ltd. v. Wardrode & Ors.
Appearance:
Advocates Hiren Kamod, Smriti Yadav and Shubham Shende