Shubhi Rathore | Prabhat Bandhulya
The plaintiff filed the suit against the defendant for seeking a remedy from the Court to restrain the defendant from infringing the trademark rights of the plaintiff. The plaintiff avers that the trademark ‘HETTICH’ was founded in 1888 by Mr Karl- Hettich and has operations in many countries. The trademark has immense goodwill and reputation and is involved in the manufacturing, marketing and selling of furniture, fittings, door hinges etc. The defendant, a retail store, is involved in selling hardware products including furniture and sells counterfeit HETTICH products. Earlier in 2014, this Court itself granted an ex-parte ad interim injunction against the defendant as he was found in possession of counterfeit products. The only defence that the defendant takes is that he has only sold those products that were in his store believing them to be genuine products. The court noted that the defendant is not challenging the plaintiffs' exclusive rights over the HETTICH trademark. Therefore, a summary judgement was passed that the defendant is permanently restrained from selling any counterfeit product under the trademark HETTICH.
Case: Hettich Marketing-Und Vertriebs Gmbh & Co. Kg., & Anr V. Gupta Store