SKULLCANDY INC Vs. SHRI SHYAM TELECOM & ORS

JUDGEMENT

(1.) The Plaintiff has filed the present suit seeking an injunction against use of the trademark 'SKULLCANDY' by the Defendants and sale of the 'SKULLCANDY' products on the Defendant's website www shopclues.com.

(2.) The Plaintiff is engaged in the business of manufacture, distribution, and sale of various devices/accessories, for use with mobile phones; Digital audio players; Digital phones; Earphones; Headphones; MP3 players; Portable listening devices, namely; MP3 players; Portable media players; Protective helmets; Protective helmets for sports; Sports helmets.

(3.) The mark 'SKULLCANDY' is stated to have been coined in the year 2003. The said mark is also registered in India in class 9 and 25. The 'SKULLCANDY' mark is also represented in a unique logo form which is an original artistic work protected under copyright laws. The Plaintiff claims enormous goodwill and reputation internationally. It is also claimed that the 'SKULLCANDY' products are available in India and are also extensively advertised in India. The Plaintiff came to know that Defendant Nos.1 and 2 are the sellers/merchants on the Defendant No.3 website www shopclues.com. Defendant No.3 M/s. Clues Network Pvt. Ltd. is the owner of the website www shopclues.com, which is interactive in nature and is an online market place. The Plaintiff found 'SKULLCANDY' earphones being sold on the Defendant's website and it affected a purchase of two earphones.