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In a yet another exemplary move, the Delhi High Court has directed Impresario Entertainment and Hospitality, owner of the ‘SOCIAL’ restaurant chain, to provide wholesome meals to children in ten orphanages and ten foster care homes in Delhi for two years.
The restaurant chain will continue providing one meal per day to the children lodged in these centres until the expenditure incurred by it becomes equal to the punitive costs of Rs 20 lakh imposed on it by the Court.
The owner of the SOCIAL chain will also provide sanitary napkins to adolescent girls at these centres.
The order was passed by a Single Judge Bench of Justice Najmi Waziri in a contempt case filed against Impresario Entertainment.
Luxury accessories and apparel label Hermes International had moved the Delhi High Court after discovering that Impresario Entertainment was violating its trademark, logo etc. Without going into the merits, the case was disposed of after Impresario Entertainment stated that it would not use the Hermes trademark or other intellectual property to its benefit.
Despite this undertaking, Impresario Entertainment’s Goregaon Social in Mumbai displayed a red watch-box with the Hermes logo and the word ‘Herpes’.
Aggrieved by the display, Hermes International moved the High Court. It was submitted that the word ‘Herpes’ was written in the same font style and size as ‘Hermes’. Therefore, an unsuspecting individual would ascribe some affinity to Hermes International, it was stated.
Further noting that the word ‘Herpes’ is associated with a skin disease, it was submitted that the display was in bad taste and reflected poorly on Hermes International.
Impresario Entertainment, on the other hand, argued that the element of humour was part of public life. The display on the red box was a word-play and it never intended any harm, it was submitted.
The owner of SOCIAL vowed to abide by any such terms and conditions that may be imposed on it by the Court, in larger public service. Hermes International also agreed to forego the sum imposed as costs on Impresario Entertainment.
Quantifying the punitive damages in the contempt proceeding at Rs 20 lakh, the Court directed Impresario Entertainment to provide one wholesome meal per day to children in ten orphanages and ten foster care homes in Delhi for two years against this amount.
The meal would be equivalent to a mid-day meal as provided by government schools, the Court said. The Court also directed Impresario Entertainment to file a compliance report every four weeks on the distribution of meals.
As per the order, Impresario Entertainment would also have to install a commercial water purifier at Delhi’s 150-year-old orphanage, Bhachhiyon Ka Ghar.
Additionally, it was also ordered to provide sanitary napkins to girls aged 6 to 18 years at these centres. The napkins would be procured by Impresario Entertainment from a Nagpur-based company which also provides sanitary napkins to the Delhi Government under the Kishori Shakti Yojna.
Hermes International was represented by Advocate Praveen Anand.