International apparel giant Lacoste S.A has emerged victorious in an important counterfeit court case against two Noida based firms for the sale of counterfeit Lacoste products.
The company won in the Patiala House Court in New Delhi after a three-year-long battle against two firms involved in infringing. The court ordered for ceasing the sale of Lacoste trademarked goods and also that they will pay for the damages suffered on reputation and goodwill.
Lacoste had filed a suit in order to restrain the trademark infringement and counterfeiting activities pursued by M/s Fashion Zone and M/s Export Hut who were using the trademark in a wrong way.
According to IP laws, the spurious activity is called as passing off- making a false representation that is likely to allow a person to believe that the goods or services are those of another.
The court accepted the suit filed by Lacoste and directed for the appointment of the Local Commissioner in order to carry out the Search and Seizure Action on the infringing firm’s premises.
Pronouncing the judgment, the Hon’ble Judge Ms Twinkle Wadhwa, said that the Lacoste is entitled to permanent injunction restraining Kulbhusan Goel, Proprietor of M/s Export Hut, from sale of counterfeit LACOSTE products. Goel was also ordered to pay damages of Rs. 1 lac to LACOSTE, while Mr Puneet Kumar, Manager of M/s Fashion Zone, gave an undertaking on a compromised basis to not infringe Lacoste rights in the future.
Source: Economic Times