Trademark Infringement: Delhi High Court Restrains Two Websites From Selling Testers Of Calvin Klein Perfumes

The Delhi High Court has permanently restrained two websites from selling perfume 'testers' bearing the trade name Calvin Klein or cK and imposed a cost of Rs 1,00,000 on them to be paid to Coty Germany, which has global authorised licensees of Calvin Klein perfumes.

Justice C. Hari Shankar passed the ex parte order in a suit for infringement and passing off filed by Coty Germany against Xeryus Retail Private Limited, that owns the web entity namely www.perfumery.co.in, and website www.unboxed.in. 

"As the written statement filed by the defendants has been struck off the record and the defendants have chosen, thereafter, not to appear before this Court, all assertions and allegations in the plaint are deemed to be admitted. The assertions in the plaint clearly make out a case of infringement, by the defendants, of the plaintiff’s registered trade marks as well as of the defendants unlawfully passing off their own goods as well as testers of the plaintiff as the plaintiff’s goods for commercial sale and thereby defrauding the purchasing public," the bench said.

It was the case of Coty Germany that the defendants were marketing and selling its products using the former’s mark and also selling the testers of the Calvin Klein perfumes for commercial value. It contended that such perfume testers are only intended to enable a prospective customer to sample the fragrance before deciding to purchase it and that such testers are never meant to be sold for commercial value. Thus, it alleged that by doing so, the defendants were indulging in an unfair trade practice.

The court passed a decree of permanent injunction restraining the defendants from marketing, selling, advertising, etc. its goods using the impugned trade mark/logo/label or any other identical or deceptively similar trademark/logo/label in relation to their goods and business of Perfume Testers and other allied/related products. The court also restrained them from doing any act which may amount to trademark and copyright infringement, passing-off, or a violation of Coty Germany’s proprietary rights in its trade name- “CALVIN KLEIN” or “CK”.

Case Title: COTY GERMANY GMBH vs XERYUS RETAIL PRIVATE LIMITED & ANR

Citation: 2023 LiveLaw (Del) 623

Dated: 21.07.2023

Counsel for Plaintiff: Mr. Rishi Bansal and Mr. Rishabh Gupta, Advs

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