2009 (10) TMI 992 - HC - Indian Laws

Summary

Issues involved:
The plaintiff filed a suit for permanent injunction restraining infringement of trademark, passing off, damages, and delivery of accounts against the defendant company manufacturing pharmaceutical products under a name similar to the plaintiff's trademark.

Trademark Infringement Issue:
The plaintiff, a telecom solutions company, claimed that the defendants' use of the trademark "Sasken" in their company name and trading style infringed on the plaintiff's registered trademark. The plaintiff provided evidence of the defendants' activities in Delhi, which could mislead the public and dilute the plaintiff's trademark rights. The court found the defendants guilty of trademark infringement under Section 29(4)(5) of the Trademarks Act, 1999.

Passing Off Issue:
The plaintiff also established a case for passing off, citing the likelihood of confusion among consumers due to the defendants' use of a similar name. The court referred to a previous case to support the plaintiff's claim for passing off. The court decreed in favor of the plaintiff, restraining the defendants from dealing in goods under the infringing trademark and passing off their business as that of the plaintiff.

Damages and Punitive Damages Issue:
The plaintiff sought damages for loss of reputation and goodwill, but the court, considering the dissimilarity of goods in respective businesses, did not grant compensatory damages. However, the court awarded Rs.2 lac as punitive damages to deter unlawful activities and cover the cost of the suit.

Conclusion:
The court decreed in favor of the plaintiff, granting permanent injunctions against the defendants for trademark infringement and passing off. The plaintiff was awarded punitive damages and the cost of the suit. The suit and any pending applications were disposed of accordingly.