The Bombay High Court recently restrained a Chinese website with operations in India from selling jewellery using the brand name ‘ORRA‘..ORRA Fine Jewellery Private Limited (ORRA), promoted by Russell Arun Mehta of Rosy Blue diamonds had moved the High Court seeking restraining orders against a Chinese website selling gems using the domain name orra-jewels.com wherein jewellery was being sold using the name of ORRA..A Single Judge Bench of Justice SC Gupte passed an order on an interim application filed by ORRA in a commercial Intellectual Property Suit complaining of copyright and trademark infringement, contending that the Chinese website was passing off ORRA’s goods..The plaintiff, ORRA, argued that it was a reputed Jewellery brand and runs a chain of stores in India under the brand name ‘ORRA’ and trademark has been duly registered in that name. In view of this, the plaintiff jewellery firm raised grievance that in August, this year it came across a website by name orra-jewels.com offering jewellery for sale. The plaintiff also informed that when it placed an order with the Chinese website, the order was delivered with the brand name ‘ORRA’, in which the plaintiff claims intellectual property rights..In the IPR infringement suit subsequently brought by ORRA against the Chinese entity, an interim injunction was also sought to restrain the defendant from using the offending mark.In turn, the Court has now granted an ad-interim relief to ORRA. The order passed to this effect reads,.“Pending the hearing and final disposal of the present suit, the Defendants by themselves, their servants, dealers and agents including website and domain name registrants be restrained by a temporary order and injunction of this Court from infringing the Applicant/Plaintiffs registered suit trademark bearing No. 1215267 in Class 14 by using the same or any other deceptively similar trademarks in relation to the jewellery business, including use of the Applicant/Plaintiffs suit trademark, or any part(s) thereof or in any other manner whatsoever.”.The Court went on to restrain the Chinese website from marketing, selling and conducting jewellery business by using the infringing website. Moreover, the defendants have also been directed to disclose the particulars of sales made by them using the infringing website and the infringing mark..The Court directed the defendants to file affidavits in reply to the interim application and posted the matter for further hearing on December 13..Advocates Nausher Kohli and Jay Vakil appeared for plaintiff Jewellery company. The defendant Chinese Website and its Indian representative were represented by Advocates Bharat Gandhi and Swapnil Newaskar..[Read Order]
The Bombay High Court recently restrained a Chinese website with operations in India from selling jewellery using the brand name ‘ORRA‘..ORRA Fine Jewellery Private Limited (ORRA), promoted by Russell Arun Mehta of Rosy Blue diamonds had moved the High Court seeking restraining orders against a Chinese website selling gems using the domain name orra-jewels.com wherein jewellery was being sold using the name of ORRA..A Single Judge Bench of Justice SC Gupte passed an order on an interim application filed by ORRA in a commercial Intellectual Property Suit complaining of copyright and trademark infringement, contending that the Chinese website was passing off ORRA’s goods..The plaintiff, ORRA, argued that it was a reputed Jewellery brand and runs a chain of stores in India under the brand name ‘ORRA’ and trademark has been duly registered in that name. In view of this, the plaintiff jewellery firm raised grievance that in August, this year it came across a website by name orra-jewels.com offering jewellery for sale. The plaintiff also informed that when it placed an order with the Chinese website, the order was delivered with the brand name ‘ORRA’, in which the plaintiff claims intellectual property rights..In the IPR infringement suit subsequently brought by ORRA against the Chinese entity, an interim injunction was also sought to restrain the defendant from using the offending mark.In turn, the Court has now granted an ad-interim relief to ORRA. The order passed to this effect reads,.“Pending the hearing and final disposal of the present suit, the Defendants by themselves, their servants, dealers and agents including website and domain name registrants be restrained by a temporary order and injunction of this Court from infringing the Applicant/Plaintiffs registered suit trademark bearing No. 1215267 in Class 14 by using the same or any other deceptively similar trademarks in relation to the jewellery business, including use of the Applicant/Plaintiffs suit trademark, or any part(s) thereof or in any other manner whatsoever.”.The Court went on to restrain the Chinese website from marketing, selling and conducting jewellery business by using the infringing website. Moreover, the defendants have also been directed to disclose the particulars of sales made by them using the infringing website and the infringing mark..The Court directed the defendants to file affidavits in reply to the interim application and posted the matter for further hearing on December 13..Advocates Nausher Kohli and Jay Vakil appeared for plaintiff Jewellery company. The defendant Chinese Website and its Indian representative were represented by Advocates Bharat Gandhi and Swapnil Newaskar..[Read Order]
![Bombay HC restrains Chinese Jewellery Website from using the “ORRA” brand name [Read Order]](http://media.assettype.com/barandbench%2Fimport%2F2019%2F12%2FORRA-jewellery.jpg?w=480&auto=format%2Ccompress&fit=max)
