'Habitual Offenders': Delhi High Court Permanently Restrains Manufacturer From Selling Jeans Using Stitching Design Mark Of Levis

The Delhi High Court has permanently restrained a manufacturing company here from selling denim jeans using a stitching design mark identical and similar to that of Levis Strauss.

Justice Sanjeev Narula decreed the suit filed by Levis Staruss in its favour and permanently restrained the manufacturer, Nab Productions Private Limited, its Directors and Head of Planning and Operations.

The court said that despite giving an assurance and undertaking not to infringe Levis' “Arcuate Stitching Design” mark, the defendants brazenly and blatantly continued to do so, establishing that they were “habitual offenders.”

“Therefore, the Court is satisfied that Plaintiff is entitled to decree under Order VIII Rule 10 of the Code of Civil Procedure, 1908 (CPC), as well as in terms of Order XIIIA Rules 3 and 6(1)(a) of CPC,” the court said.

Levis, in the suit, claimed that the defendants were manufacturing readymade garments, including denim jeans, bearing its ASD mark on the pockets.

Advocate Dushyant K Mahant appearing for Levis submitted that the similarity between the two marks was immediate and unassailable, and was bound to create confusion in the minds of general public.

The court noted that the Defendants were under an obligation to cease any and all use of the impugned mark within a period of five working days from January 18, 2020.

It further noted that the defendants had undertaken not to utilise any similarly infringing designs in the future. However, despite the assurances, they continued to produce infringing readymade clothes bearing the impugned mark.

“Decree is passed in favour of Plaintiff and against Defendants No. 1 to 4 in terms of prayers stated in Paragraphs No. 81(a) to 81(g) of the plaint. As Plaintiff is not pressing for any damages, no directions are required to be passed in respect of prayers stated in Paragraphs No. 81(h) to (j) of the plaint,” the court said.

Counsel for Plaintiff: Mr. Dushyant K. Mahant, Mr. Urfee Rooi, Ms. Janaki Arun, Ms. Jaskaran Singh, Ms. Anuja Chaudhury and Ms. Soumya Jain, Advocates

Counsel for Defendants: Mr. Sujoy Kumar and Mr. Raghav Kumar, Advocates for D-1 to 4; Mr. Gaurav Gupta, Authorized Representative of D-5

Title: LEVI STRAUSS AND CO v. NAB PRODUCTIONS PRIVATE LIMITED AND ORS & ORS.

Citation: 2024 LiveLaw (Del) 102

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