#Trademark #infringement #intellectualproperty #IPR #IPRinfo #IPlaw #IPRrights #Trademarkclickcom #entrepreneur #BOAT #BoatAudio #TrademarkCounterfeiting #ImagineMarketing #earphones #headphones #speakers #soundbars #DelhiHighCourt #JusticePratibhaMSingh
The Delhi High Court recently passed an order in favor of the owner of the trademark BOAT where he was directed to be paid a total of Rs.15 lakhs in monetary damages for the incident of seizure of several counterfeit items which took place with the help of inspections conducted by Local Commissioners that were appointed by the court.
The matter was heard by Justice Pratibha M. Singh. She observed, “The Defendants have flagrantly infringed on Plaintiff’s trademark and logos, as well as the packaging.” However, the Court ordered the defendants to pay the Plaintiff the above-mentioned amount within the time period of two weeks. The brand BOAT, Imagine Marketing Private Limited filed the complaint in relation to the unlawful usage of trademark BOAT on different items. The brand BOAT uses its trademark “bOAt” and the logo of a boat on a variety of electronic devices including but not limited to earphones, headphones, speakers, soundbars, travel chargers, premium tough cables.
The court passed an order to appoint a Local Commissioner vide order dated 24th December 2020, for the purpose of seizure of infringing merchandise from the premises of the Defendant. The Local Commissioner presented a report on behalf of Defendant No.1 saying, “Various items carrying the mark ‘BOAT’ are recognized and that a total of 22 counterfeit products are confiscated from the stated premises.” The Local Commissioner stated for Defendant No.3, “No infringing items are discovered on the defendant’s premises.”
The Court reached the conclusion that Plaintiff being the owner of the registered trademark ‘BOAT’ containing the logo was not only legally entitled to trademark protection but also to device marks including logo protection. The case can be reached with the name “IMAGINE MARKETING PRIVATE LIMITED v. M/S GREEN ACCESSORIES THROUGH: ITS PROPRIETOR AND ANR” or through Citation “2022 LiveLaw (Del) 235”