CALVIN KLEIN TRADEMARK TRUST Vs. EKTARFA GARMENTS PRIVATELIMITED

JUDGEMENT

(1.) The hearing has been conducted through video conferencing. 1. The present suit for permanent injunction, infringement of trademark and copyright, passing off, tarnishment, unfair competition, delivery up, rendition of accounts, damages, etc. has been filed by the plaintiff seeking permanent injunction restraining the defendants, their partners/ proprietors/ directors, officers, servants, agents, distributors, stockists and representatives from manufacturing, selling and/or offering for sale, advertising, warehousing, importing, directly or indirectly dealing, in any manner whether offline or online, in any goods bearing plaintiff's registered trademarks 'Calvin Klein', CK (word/logo)

(2.) Further, prayers are also made to restrain defendants to misrepresent the quality/ origin of their goods and from taking unfair advantage of the plaintiff's reputation and goodwill in the said trademarks or any similar trademark thereby causing dilution and tarnishment of the plaintiff's trademarks which may infringe the copyright of the plaintiff in the artistic works that comprise the trademarks of the plaintiff as well as to direct the defendants for delivery up of all finished and unfinished materials, products and accessories, packaging, labels, dies, blocks, stationery and other materials bearing any of the plaintiff's trademarks or bearing any other mark(s)/logo/device similar thereto, for the purpose of erasure/destruction. In addition, damages to the tune of Rs. 2,00,01,000/- are also claimed against the defendants on account of loss of sales, reputation and goodwill of the plaintiff's trademarks caused by the activities of the defendants.

(3.) On 08.12.2020, Director of defendant No-1-company appeared before the Court and showed his willingness to settle the dispute with plaintiff.