Two persons have been directed to pay Rs 1 lakh as damages to US-based jeans manufacturing brand Levi Strauss by a Delhi court for trademark infringement and selling identical products using its name and logo.
Additional District Judge Anil Antil directed defendants Sanjay Kumar and Dinesh Mahto, who were running their business in Delhi and Bihar, to pay the damages for using a “deceptively similar” trademark of Levi’s.
“The impugned trademark/label adopted and being used by defendants in relation to their impugned goods and business are identical, deceptively similar to the plaintiff’s label, in each and every respect including phonetically, visually, structurally,” the judge noted while recording the submission of the counsel for Levi’s.
“The suit is decreed in favour of the plaintiff (Levi’s) and against defendants… with punitive and compensatory damages for a sum of Rs 50,000 each,” the court said.
The order came on a suit filed by Levi Strauss, based in San Francisco, alleging that the defendant was found selling jeans, apparel, sports wear other goods under its trademark.
The suit filed by the jeans company alleged that the defendants, who were engaged in manufacturing and marketing of readymade garments, sporting goods, footwear, and other related products, adopted and started using the trademark/ label Levi’s.
It said that the duo was indulging in counterfeiting the impugned goods, which is in complete violation of plaintiff’s statutory and common right in the said label/trade name.
The defendant also copied the artistic features involved in the company’s label and was infringing its copyright involved in its said trademark, Levi’s alleged.