Gucci, a global luxury fashion house based in Florence, Italy, has enjoyed a unilateral injunction against local manufacturers in India for misusing its icon.

The Delhi Magistrate's Court ordered the defendant to hand over the infringing goods from his business premises to the plaintiff for destruction, And asked the defendant to pay 20 Rs 10, 000 in damages and 16. 6 Legal costs of Rs. Lakh.

The fashion house said through its lawyer Shashi．Oja (Shashi P Ojha) A case was filed in the Delhi District Court, The complaint was made in Delhi Shipra Overseas The company made and sold cheap counterfeit products bearing the iconic Gucci logo.

The court granted a permanent injunction in favor of Gucci. In addition, The court also ordered the defendant to pay 20 Rs. Lakh in damages and 16. 6 Wan's legal costs.

In this case, Gucci said its on-site representatives were in 2019 years 4 Found in a market survey last month, Shipra Overseas In the making, Store and provide a large quantity with plaintiff name "Red and green bar" Icon sum "GUCCI" Trademark counterfeit products, Including socks and packing materials, And submitted pictures to support his claims.

Gucci said in court, According to "2015 Commercial Court Act, 1996" The first 2 (1) (c) Bar definition, The object of action is commercial in nature.

Gucci went on to say, It has invested a lot of money in the world (Including India) Advertise products with its logo and image, To promote its brand. Therefore, The defendant's counterfeit products harmed his business interests.

The defendant did not appear in court, Judge Barratt．Parashar (Bharat Parashar) summation: "obviously, Despite the fact that the defendants were aware of existing pending lawsuits, But he deliberately chose not to appear in court. "

The judge said after reviewing all the evidence submitted by the plaintiff in support of the case: "Take into account 'GUCCI' The long-standing use and registration of trademarks and graphics in India, I have to believe the plaintiff's claim, We also have to believe that the products produced by the plaintiff company with the trademarks and graphics involved in the case have gained a high reputation, uniqueness, Salience and unique identity. "

The District court required the defendant to surrender all infringing goods at his premises to the plaintiff for destruction.

(Compiled from www. legaleraonline. com)

Reprinted from China Intellectual Property Network  translation: Rason group　proofread: Wu Xian



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