KENZO SA Vs. SMART COLLECTION & ORS

JUDGEMENT

(1.) The Plaintiff M/s Kenzo S.A. (hereinafter, "Plaintiff"), is a French luxury house founded in 1970 by Japanese designer Kenzo Takada. In 1988, the Plaintiff ventured into fragrances, perfumery and other cosmetics worldwide. Ever since its establishment, the Plaintiff has been using the mark "KENZO". The Plaintiff's products are said to have achieved global repute and renown and are claimed to have been sold in more than 100 countries. In India, the Plaintiff's mark "KENZO" is registered in several classes including classes 3, and 25, as stated in paragraph 6 of the plaint. It is the case of the Plaintiff that the mark "KENZO" is also an essential part of the domain name and website www kenzo.com.

(2.) The Plaintiff avers that in the last week of April, it came across various counterfeit products with the trademark "KENZO" and came to know that the said products are being promoted through various social media platforms. The original Plaint impleaded Defendant No.1 as M/s. Smart Collection. Mr. Yasin Sayani original Defendant no.2 claimed that he was the owner of the trade mark 'SMART COLLECTION'. Hence M/s. Smart Collection was deleted vide order dated 6th October 2015. An amended memo of parties was thereafter filed. Mr. Yasin Sayani, Mr. Danish Sayani, Ms. Yasina Sayani, M/s Floressence Perfumes Pvt. Ltd, M/s Cris Moda Perfumes Pvt. Ltd., are defendants 1-5. Defendant No.6, is M/s Singh Collection who is claimed to be the seller of the infringing products in Delhi. Defendant no.7 is M/s Cosmic International against whom there are no specific allegations.

(3.) The claim of the Plaintiff is that the sale of these products is violative of the Plaintiff's rights in the trade mark "KENZO", and since the products are counterfeit, an injunction is liable to be granted.