Delhi High Court Permanently Restrains Retail Store From Selling Any Counterfeit Product Under 'Hettich' Trademark & Logo

The Delhi High Court has restrained a retail store from selling any counterfeit product or any other related goods under the trademark and trade name HETTICH and HETTICH Logo.

Justice Jyoti Singh was dealing with a suit filed by Heettich Marketing-Und Vertriebs Gmbh & Co. against a retail store namely Gupta Store seeking to restrain it from infringing the trademarks 'HETTICH' and its logo.

It was the case of the Plaintiffs that the trade name and trademark HETTICH owes its origin to its founding father, way back in the year 1888. The Plaintiffs were a part of diversified group of companies, having operations in multiple countries across the world and engaged in manufacturing, marketing and selling furniture, fittings, door hinges, runners, etc., which had led to the said mark becoming distinctive of their products and immense goodwill.

It was argued by plaintiff that trademark and trade name, 'HETTICH', owes its origin to Plaintiffs' founding father, Mr. Karl- Hettich, who had developed and mechanized the production of anchor escapements for Black-Forest cuckoo clocks in the year 1888. This business legacy was carried forward by Mr. August Hettich, who had developed a production line for piano hinges in the year 1928. This led to the genesis of the Plaintiffs' business, which has expanded globally over the decades and has become popular under the trade mark and trade name 'HETTICH'

The Defendant was a retail store engaged in sale of hardware products including furniture fixtures and components. The suit was filed after the Plaintiffs learnt in the year 2014 that Defendant was engaged in selling counterfeit HETTICH products.

The Defendant admitted selling of counterfeit products and the only defence put-forth was that it had not procured or bought the counterfeit HETTICH products and was selling genuine products emanating from the Plaintiffs. The Local Commissioner's report supported the stand of the Plaintiffs inasmuch as a unit of counterfeit product was found in the premises of the Defendant, along with invoices evidencing sales.

The counsel for the Defendant stated that it did not wish to contest the suit and was willing to suffer an injunction.

Noting the fact that the Defendant was not contesting the suit, the Court was of the view that a perusal of the invoices and the report of the Local Commissioner confirmed seizure of goods which were counterfeit goods. Thus, the Court observed that it was a fit case to pass a summary judgement.

"Accordingly, Defendant, its partners or proprietors, its officers, servants, agents and representatives, as the case may be, are permanently restrained from selling any counterfeit product and/or any other related goods under the trademark and trade name HETTICH and HETTICH Logo or any other deceptively similar mark thereof, amounting to infringement of Plaintiffs' registered trademarks and passing off," the Court ordered.

The suit was accordingly disposed of.

Case Title: HEETICH MARKETING-UND VERTRIEBS GMBH & CO. KG., & ANR v. GUPTA STORE

Citation: 2022 LiveLaw (Del) 591

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