The Delhi High Court recently permanently restrained a wholesale trader from manufacturing or selling knock-offs of the products of apparel and footwear company Woodland [Aero Club v. Bhawna Trading Co & Anr].

Justice Prathiba M Singh directed the trader located in Delhi's Sadar Bazar to pay ₹5 lakh to Woodland's parent company.

Woodland's parent company, Aero Club, moved the High Court seeking a permanent injunction against the infringement of its trademark and copyright and other relief against the defendant companies, Bhawna Belt Co and Gun Gun Belt House.

Woodland's case was that the defendants were engaged in selling counterfeit products under their mark 'Woodland'.

Following the High Court's December 2021 order granting an ex parte ad interim injunction in Woodland's favour, the Gun Gun Belt House entered into a settlement with Aero Club, by which it acknowledged the ownership rights over the 'Woodland' trademarks and agreed to pay a sum of ₹70,000 in damages.

Bhawna Belt Co did not respond despite having knowledge of the proceedings, as evidenced by the visit of the Local Commissioner to its premises, during which 34 products bearing the 'Woodland' mark were seized.

The Court relied on the Commissioner's report to hold that a permanent injunction is liable to be granted against Bhawna Belt Co.

"Accordingly, the Defendant No.1, and all others acting for or on its behalf, are permanently restrained from manufacturing, selling, offering for sale any products under the word mark "WOODLAND", the "WOODLAND" label, the "WOODLAND" tree device mark, or any other mark which is deceptively/confusingly similar to the Plaintiff‟s mark "WOODLAND"."

With respect to the rendition of accounts and damages sought by Aero Club, Woodland's parent company, the Court directed,

"...considering the quantum of infringing products which was seized by the Local Commissioner, as also, the costs which have been incurred by the Plaintiff in the present proceedings, including the court fee, the fee of the Local Commissioner, litigation costs, etc., the Defendant No.1 shall pay a sum of Rs.5 lakhs to the Plaintiff."

The Court directed the trader to make the payment within three months, failing which, Woodland can avail its remedies in accordance with the law.

Advocates Prithvi Singh, Prithvi Gulati and Krishna Gambhir appeared for Aero Club.

Advocates Rakesh Kumar and Birender Bhatt appeared for the defendants.

[Read order]