Fake ‘Kajaria Tile’ dealership case: Delhi High Court grants interim relief in trademark and copyright infringement case

The Delhi High Court granted a temporary injunction under Order 39 of the CPC after finding a prima facie case in favour of Kajaria Ceramics. It precludes the defendant from infringing on the tile manufacturer’s registered trademark, copyright, domain name, and other intellectual property rights. Justice Amit Bansal, who granted interim relief, stated, “Respondent No. 5 is misleading the public by claiming to be affiliated with the plaintiff and authorised to offer services on the plaintiff’s behalf.” In this regard, Respondent No. 5 is seeking personal papers from applicants such as Aadhar cards, PAN cards, bank account data, and so on, which may be utilised to defraud such people.

Respondent number five is accused of setting up a fake/bogus website and selling fake Kajaria tiles. The plaintiff alleged that the website of the respondent incorporated all the specific elements from the website of the plaintiff and is charging Rs.10,00,000/- for providing the fake dealership of Kajaria.

Other defendants, authorities, and domain name supplier Goddi.com were also ordered by the court to reveal all information on the accused offenders. Their bank accounts should be frozen, and their phone lines should be blocked. During the course of the trial, the plaintiff was also given permission to track down any additional domain name, website, bank account, or cellphone number related with the cause of action. The Court ruled that this injunction would apply to such an identity as well.

What is Injunction?

An injunction is a legal process in which a party is ordered to do or refrain from performing a certain act. It is a legal remedy in the form of a court order directed at a specific individual that either bans him from doing or continuing to do something or commands him to do something.

There are two types of injunctions: temporary and permanent injunctions. Perpetual or permanent injunctions prevent a party from committing the stated conduct indefinitely and can only be issued on the merits at the completion of the trial after both parties to the claim have been heard. Sections 38 to 42 of the Specific Relief Act of 1963 govern it. A temporary or interim injunction, on the other hand, prevents a party from doing the stated conduct for a limited period of time, usually until the matter is resolved or until the court issues subsequent orders. It is governed by Order 39 of the Code of Civil Procedure, 1908, and can be granted at any point throughout the case.

Injunctions can be preventative, prohibitive, or restrictive, meaning they stop someone from doing anything. It can also be mandatory, in the sense that they force, command, or order someone to do something.

An Injunction may also be ad-interim or interim. Ad-interim injunction is granted without finally deciding an application for injunction and operates till the disposal of the application. Interim injunction is normally granted while finally deciding main application and operates till the disposal of the suit.


*Team, www.deepakmiglani.com

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