AERO CLUB Vs. BHAWNA TRADING CO.

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present suit has been filed by the Plaintiff - Aero Club seeking permanent injunction restraining the infringement of trademark and copyright, passing off, damages, rendition of accounts of profit, delivery up, costs and other reliefs. The Plaintiff claims to be the proprietor of the following mark "WOODLAND" and its variants, used in respect of belts and wallets manufactured, marketed and sold by the Plaintiff. The marks which are the subject matter of the present suit (hereinafter, "impugned marks") are depicted below:

(3.) On the other hand, the Defendant No.1 - M/s. Bhawna Belt Co. and Defendant No.2 - M/s. Gun Gun Belt House are wholesalers of belts and wallets located in Sadar Bazar, Delhi. The case of the Plaintiff is that the Defendants were engaged in the sale of counterfeit products under the Plaintiff's mark "WOODLAND".