Bar&Bench News Network
The Delhi High Court has, in a suit filed by Luxottica, the owner of eyewear brand, Rayban, restrained several shop owners of New Delhi from selling counterfeit Rayban sunglasses.
The court has also ordered a crackdown on shops spread across the city dealing in the counterfeit product. Justice S. Muralidhar has appointed local commissioners and empowered them to seize fake sunglasses from shops, factories and warehouses. The court has directed the commissioners to make an inventory and produce them before the court.
Luxottica, an Italian group which owns Ray-Ban, have complained of massive commercial losses due to the sale of counterfeits. They tabled evidence, cheap imitations, that were collected from various stores by hired private investigators. Pravin Anand, Managing Partner of Anand & Anand represented Luxottica along with Shrawan Chopra.
The order of the High Court relies upon the 'John Doe' or the 'Ashok Kumar' principle, a principle that has rarely found application in Indian cases.. John Doe orders are passed to enable seizure of infringing goods and operate against any potential defendant, who is identified subsequently. The order of the Court aims at restraining not only the identified parties who are illegally selling trademarked products, but also those who supply the counterfeit products, who are yet to be identified. The order impacts those who might be infringing, or inclined to infringe, even though their identities are not yet known.
|
Be the first to post a comment 
Related Stories
- Game over for Greenpeace? Tata files defamation and trademark infringement suit: Anand and Anand & Saikrishna Rajgopal in Delhi High Court
- Does Sandero sound like Santro? Anand & Anand represent Hyundai against Mahindra-Renault in Delhi HC
- Thumbs down to forum shopping, private investigators - Anand & Anand, Saikrishna, Lall & Sethi in Microsoft matter
- DSK Legal expands in Delhi with a partner and 11 associates from Paras Kuhad: Conversation with Managing Partner Anand Desai
- Book on Radia Tapes: Release stayed by Delhi HC; Radia sues author R. K. Anand
- NLU Delhi holds 2-day symposium on Competition Law; Speakers include Pallavi Shroff, Anand Pathak and Kumkum Sen
- David Becker and Iain Higgins for ICC and Justice Anand and Goolam Vahanvati for the BCCI
Other News
- Re-Upped Round up May 21
- Clasis Law moves to a larger office space in Delhi
- Re-Upped Round up May 18
- SC to hear petition challenging appointment of sitting AP High Court judge; Petition alleges deliberate concealment of pending criminal investigation at the time of enrollment
- Linklaters Managing Associate Pranav Sharma to rejoin Amarchand Mangaldas as Partner
- Re-Upped Round up May 17
- Recruitment Tracker: Luthra top recruiter followed by Amarchand and AZB for NALSAR Class of 2012
The Viewpoint: Indemnification Provisions - Is the fight on the indemnity clause worth the effort?
May 17, 2012 | Bar & Bench brings to you the twentieth article on 'The Viewpoint' series with its Knowledge Partner AZB & Partners. AZB Senior Associate Nandish Vyas and Associate Pranati Ishwar in this article seek to examine the context in which indemnification rights are relevant for acquisition transactions, and also seek to explore if there are areas where they are potentially not worth the comments (4)










