Partly allowed

Benzer Retail Private Ltd. v. New Benzar and Anr.

Bombay HC3 Aug 2015S/501/2014

Case brief

AI extract

What is this about?

This is an ex parte decree in a suit filed for infringement and passing off. The court held that the defendants' use of the mark 'NEW BENZAR' infringed the plaintiff's registered trademark 'BENZER'. The suit was decreed granting an injunction, damages, and delivery of infringing goods.

What did the court decide?

Permanent injunction restraining use of 'NEW BENZAR', award of punitive damages of Rs. 2,00,000/- and order to deliver infringing goods.

Benzer Retail Private Ltd. Vs New Benzar and Anr. — Intellectual Property | Bombay HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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SUIT NO. 501 OF 2014

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BENZER RETAIL PRIVATE LIMITED )
49, Bhulabhai Desai Road, Breanch Candy, )
Mumbai-400 026, through Mr. Ankur Dhiraj Savla,)
President/Authorised Signatory, under Board Resolution)...Plaintiff.

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vs.

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1.NEW BENZAR, )
through its Proprietor Mr. Akhtar, adult, )
Haque Market, Raja Bazar, Patna-800 014)
Bihar. )
2.Mr. Akhtar, Adult, )
Proprietor, NEW BENZAR, )
Haque Market, Raja Bazar, Patna-800 014)
Bihar. )..Defendants

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Ms. Sangeeta Yadav, instructed by Mr. Suresh Kumar, for the Plaintiff.
None for the Defendant.

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CORAM : S.J. KATHAWALLA, J. DATE : 3 rd AUGUST, 2015

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ORAL JUDGMENT:

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1.The above Suit is filed by the Plaintiff – Benzer Retail Pvt. Ltd. against the Defendants – New Benzar and another, for the following reliefs:

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“ (a) The Defendants by themselves, their partners, proprietors, agents, servants, licensees, franchisees, representatives and employees or any one claiming under them, directly or indirectly, be restrained by a permanent injunction of this Hon'ble Court from in any manner using the trademark BENZAR / NEW BENZAR or any other confusingly/deceptively similar

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trademark in respect of their services, business and goods so as to infringe
the Plaintiff's registered trademark BENZER.

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(b) The Defendants, their partners, proprietors, agents, servants, licensees,
franchisees, representatives and employees or any one claiming under them
be restrained by a permanent injunction of this Hon'ble Court from directly
or indirectly in any manner using in any manner using BENZAR / NEW
BENZAR so as to pass off or enable others to pass off the Defendants
services, business and goods as or for the services, business and goods of the
Plaintiff.

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(c ) The Defendants be ordered to pay damages ofRs. 2,00,000/- (Rupees
Two Lacs only) jointly and/or severally on account of infringement of the
registered trademarks BENZER of the Plaintiff and passing off their
business, service and goods as that of the Plaintiff and also for loss of
goodwill and reputation.

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(d)In the alternative, the Defendants be ordered to render to the Plaintiff
an account of profits made by them by use of BENZAR/ NEW BENZAR
by infringement of Plaintiff's registered trademarks BENZER and passing
off their business and a decree be passed against the Defendants for the sum
of the amount thus found due;

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(e) The Defendants be ordered to deliver and hand over all impugned
goods, catalogues, brochures, abels, sign boards, cards, dies, blocks, plates,
screens, stationery and all other goods of any kind and nature bearing
and/or containing the impugned name and mark BENZAR / NEW
BENZAR in any manner whatsoever to the Plaintiff for the purpose of
destruction /eraser.”

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2.The Plaintiff is a Joint Stock Company, registered under the Companies Act,
1956 having its office at 49, Bhulabhai Desai Road, Breach Candy, Mumbai -
400 026. The Plaintiff has stated in paragraph 1 of the Plaint that the
expression ‘Plaintiff’ used in the Plaint shall include its predecessor-in-title,
sister concerns, subsidiary companies, licensee, franchisee, associates and
afflates. The Defendant No. 2 is the Proprietor of Defendant No.1. Thei
Defendants are carrying on the business of garments under the name and
style of NEW BENZAR at Haque Market, Raja Bazar, Patna-800 014,
Bihar. The writ of summons is served on the Defendants and an affidavit of
service dated 30th June, 2015, is filed by the Advocate for the Plaintiff. Since
the Defendants failed to file their written statement and also failed to appear
before the Court, this Court by its order dated 15th July, 2015, directed the
above Suit to be placed for ex parte decree. In view thereof, the Suit today
is for final hearing for ex parte decree.

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3.The Plaintiff has filed an affidavit of examination-in-chief of Mr. Ankur Dhiraj Savla, President/Authorized Signatory of the Plaintiff Company (PW1), affidavit of documents and a compilation of documents.

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4.PW-1 has on behalf of the Plaintiff deposed as follows:

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4.1 That PW-1 is the President/Authorised Signatory of the Plaintiff

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Company. By virtue of his position, he has access to all the records of the

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company maintained in the ordinary course of business. He is familiar and
well acquainted with the facts of the case and authorized to sign, execute and
file affidavit of evidence and to appear and depose as a witness on behalf his
company. PW-1 has tendered in evidence the Notarized True copy of extract
of Board Resolution passed by the Plaintiff in his favour, which is annexed to
the Plaint and marked Exhibit-A. The same is taken on record and marked
Exhibit P-1.

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4.2 That the Plaintiff’s predecessor-in-title BENZER, a partnership firm
got a fashion department store built at 49, Bhulabhai Desai Road, Breach
Candy, Mumbai in January 1982 through its interior designer, Mr.
NoshirTalati, who suggested and coined the name BENZER from the names
of his two children “BEN” and “ZERXES”. The said departmental store
under the name and style of BENZER started operations in February 01,
1982. The word BENZER being a rare, unique and coined word enjoys
substantial public recognition and is always associated with the company, its
predecessor-in-title firm and its business, goods and services. The said
BENZER Department Store is one of the leading fashion and department
stores in India at Mumbai.

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4.3 That in the year 2004, the partners of firm Benzer decided to convert the partnership firm as Joint Stock Company in the name of

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BENZER Retail Private Limited under part IX of the Companies Act, 1956.
The Plaintiff has tendered in evidence a notarized certified copy of the
Certificate of Incorporation along with the Memorandum of Association and
Articles of Association of Benzer Retail Private Limited, which is taken on
record and marked Exhibit P-2.

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4.4That in addition to the Department store BENZER, there are other
related Group Companies business / sister concerns, where BENZER is a
prominent part of the trading style, namely BENZER Design Center,
BENZER Sarees, BENZER Classics, BENZER Novelties, BENZER
Enterprises, BENZER Exports, BENZER Department Stores Private
Limited and therefore BENZER has become the house mark of the Plaintiff.

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4.5 That the Plaintiff’s predecessor-in-title, BENZER partnership firm, registered the trademark BENZER and its variations thereof in respect of goods in different classes, the particulars of which are set out hereunder:

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4.6That the Partnership firm BENZER has assigned the above
trademarks mentioned at Serial Nos. 1 to 31 in favour of the Plaintiff. The
assignment of the above mark was duly recorded by the Registrar of Trade
Marks on July 9, 2008 and the same was communicated to the Plaintiff vide
Registry’s letter dated July 10, 2008. PW-1 has tendered in evidence a
certified copy of Registry’s letter dated July 10, 2008. The same is taken on
record and marked Exhibit P3.

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4.7That the said assignment is duly advertised in the Trade Marks
Journal No. 1397 – Regular dated August 1, 2008 at pages 2772-2773. PW-1
has tendered in evidence a duly notarized extract from Trade Marks Journal
No. 1397 dated August 1, 2008 at pages 2772-2773.The same is taken on
record and marked Exhibit P-4.

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4.8That the trademark BENZER also forms prominent part of the
Plaintiff’s trade name. PW-1 has tendered in evidence the certified copy of
entry in the Register of the Trade Mark in respect of registration No. 385857
in class 24, which is annexed and marked as Exhibit-E to the Plaint. The
same is taken on record and marked Exhibit P-5.

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4.9 PW-1 has also tendered in evidence the certified copy of entry in the Register of the Trade Marks in respect of registration No. 428211in class 25 for the trademark BENZER and registration No. 509611 in class 16 for the

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KPP

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trademark BENZER, which are taken on record and marked Exhibits P-6

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and P-7 respectively.

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4.10That the Plaintiff is also the registered proprietor of the trademarks
BENZER, BENZER BOULEVARD and BENZER WORLD in Classes

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35, 36, 40, 41, 43, 44, 45, the particulars of which are as under:

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S. No.	Registration No.	Class	Date	Trademark
1.	509616	11	May 02, 1989
2.	509621	6	May 02, 1989
3.	598189	25	May 27, 1993
4.	1441754	35	March 31, 2006
5.	1441755	35	March 31, 2006	BENZER BOULEVARD
6.	1441756	35	March 31, 2006	BENZER WORLD
7.	1467734	35	July 07, 2006	BENZER BOULEVARD
8.	2020612	36	September 9, 2010
9.	2020615	40	September 9, 2010
10.	2020616	41	September 9, 2010

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KPP

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11.	2020618	43	September 9, 2010
12.	2020619	44	September 9, 2010
13.	2020620	45	September 9, 2010

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4.11 That the Plaintiff’s predecessors-in-title and Group Companies have also registered the trademark BENZER in various other countries and details thereof are as under:-

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`S. No.`	`Country`	`Registration` `No``.`	`Class`	`Trade Mark`	`Registration` `Dated`
`1.`	`Canada`	`575073`	`3, 16,` `24, 25`	`BENZER` `(Stylized)`	`February 5,` `2002`
`2.`	`CTM`	`1932599`	`24, 26`	`BENZER` `(Stylized)`	`February 10,` `2006`
`3.`	`SOUTH` `AFRICA`	`2002/01571`	`25`	`BENZER`	`February 06,` `2002`
`4.`	`USA`	`3078745`	`35`	`BENZER &` `Design`	`April 11,` `2006`
`5.`	`USA`	`3075902`	`14`	`BENZER`	`April 04,`

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					`2006`
`6.`	`USA`	`3100097`	`25`	`BENZER`	`June 06,` `2006`

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4.12 That the Plaintiff has tendered in evidence the following:

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(i)The internet downloaded printout from the website

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www.oami.europa.euof the trademark registration certificate no. 1932599
dated February 10, 2006 for the trademark BENZER in CTM in Classes 24
and 25;

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(ii)The internet downloaded printout from the website
www.tess2.upsto.govof the trademark registration certificate no. 3075902

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dated April 04, 2006 for the trademark BENZER in USA in International
Class 14;

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(iii)The internet downloaded printout from the website
www.tess2.upsto.govof the trademark registration certificate no. 3078745

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dated April 11, 2006 for the trademark BENZER in USA in International
Class 35; and

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(iv)The internet downloaded printout from the website
www.tess2.upsto.govof the trademark registration certificate no. 3100097
dated June 06, 2006 for the trademark BENZER in USA in International

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Class 25.

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The same are taken on record and marked Exhibit P-8, P-9, P-10 and P-11
respectively.

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4.13That the Plaintiff has directly or through its sister concerns entered
into agreements with companies in U.K., USA, Canada, South Africa for
selling their goods under the trademark BENZER. The Plaintiff has granted
license to use its trademarks, BENZER and its variations to other Group
Companies such as Benzer Department Store Pvt. Ltd. and other sister
concerns. PW-1 has tendered in evidence notarized copy of license
agreement dated August 01, 2008, which is taken n record and marked
Exhibit P-12.

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4.14 That the sales figures and advertising expenses of BENZER and its sister concerns are as under: -

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BENZER / BENZER GROUP COMPANY

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`YEAR`	`SALES FIGURES` `(INR)`	`ADVT. EXPENSES` `(INR)`
`1981-1982`	`11,378,158.75`	`391,016.13`
`1982-1983`	`22,871,099.48`	`2,093,647.32`
`1983-1984`	`12,491,134.70`	`703,850.80`
`1984-1985`	`22,985,950.40`	`1,099,450.65`
`1985-1986`	`30,180,806.70`	`1,456,113.72`

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KPP

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`1986-1987`	`25,750,229.20`	`981,993.45`
`1987-1988`	`29,942,229.45`	`1,862,010.50`
`1988-1989`	`35,000,000.00`	`2,400,000.00`
`1989-1990`	`39,052,580.00`	`1,210,288.11`
`1990-1991`	`42,598,724.00`	`888,645.00`
`1991-1992`	`52,169,023.00`	`892,620.06`
`1992-1993`	`59,049,662.00`	`2,177,688.95`
`1993-1994`	`66,053,915.00`	`4,081,415.74`
`1994-1995`	`71,589,887.00`	`4,060,415.44`
`1995-1996`	`76,939,746.00`	`5,428,344.31`
`1996-1997`	`71,538,349.00`	`4,130,473.92`
`1997-1998`	`77,024,332.00`	`4,986,001.37`
`1998-1999`	`112,522,076.00`	`3,125,684.38`
`1999-2000`	`134,481,834.00`	`5,791,774.18`
`2000-2001`	`142,058,624.00`	`2,298,192.23`
`2001-2002`	`47,015,971.00`	`9,01,513.00`
`2002-2003`	`316,863,422.00`	`8,742,114.91`
`2003-2004`	`368,189,120.67`	`10,707,802.00`
`2004-2005`	`403,426,188.00`	`15,046,031.71`
`2005-2006`	`320,087,640.00`	`9,994,212.00`
`2006-2007`	`346,590,667.00`	`23,206,461.00`
`2007-2008`	`375,499,739.00`	`16,812,438.00`
`2008-2009`	`356,480,322.00`	`1,662,653.00`
`2009-2010`	`393,849,108.00`	`17,173,823.00`
`2010-2011`	`578,466,066.00`	`15,158,280.00`
`2011-2012`	`606,078,595.00`	`22,230,546.00`
`TOTAL`	`8,099,504,842.00`	`315,359,245.58`

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4.15That the Plaintiff has advertised the trademarks in Print as well as

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electronic media. The Plaintiff has tendered copies of some of the
advertisements of the Plaintiff displaying the trademark BENZER and
articles published in print media. The same is annexed and marked as Exhibit

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H-2 Colly. to the Plaint. The same is taken on record and marked Exhibit P-
13 Colly.

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4.16 That numerous steps have been taken since 1982 to promote global reputation of the trademark BENZER in respect of various goods / services in different classes available under the said mark. An annual catalogue is brought out and sent to clients and customers all over the world.

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4.17 That in the year 2003, the Plaintiff was conferred with the Most
Independent Retailer of the year Award at the Third Images Fashion
Awards (IFA) held in Mumbai, in recognition of being outstanding
performers in the business of retail fashion in India. The Plaintiff has also
participated in INDIA FASHION FORUM held on January 28–29, 2010 at
The Renaissance Hotel, Mumbai.

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4.18That with the advent of satellite television and the Internet, awareness
about BENZER, its goods and the marks/names associated with it has been
considerably increased. High quality goods bearing the trade mark BENZER
have been sold through the website www.benzerworld.com on the Internet
for the last many years. Therefore, the mark BENZER is not only well
known and famous in India, but abroad as well.

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4.19 That the Company has also registered various top level Indian domain

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names where BENZER is the prominent part thereof :-

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www.benzerworld.inwww.benzerworld.co.in
www.benzer.inwww.benzer.co.in

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4.20 That the Plaintiff also provides online shopping services to its

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customers / clients abroad through website www.benzerworld.com. The
customers place orders online from the catalogues showcased and can
modify the embroidery, pattern or fabric of a showcased outfit and the same
are paid online through internet banking system. PW-1 has tendered in
evidence the internet printouts of whois results for the domain names
www.benzerworld.com,www.benzer.in,www.benzer.co.in,

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www.benzerworld.inand www.benzerworld.co.in. The same are taken on

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record and marked Exhibit P-14 Colly.

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4.21That apart from the online advertisement, the locations of BENZER

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Stores have been provided on various search engines. Details of some of

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those websites are as under:

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`www.asklaila.com`	`www.askme.com`
`www.bigindianwedding.com`	`www.grotal.com`
`www.` `yellowpages.sulekha.com`	`www.eksms.com`
`www.indiamart.com`	`www.khojguru.com`
`www.mojostreet.com`	`www.tradeindia.com`
`www.tripadvisor.in`	`www.` `wikimapia.org`

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4.22 That the Plaintiff is also connected with its Indian and foreign
customers through social media websites such as Facebook, Pinterest,
Twitter, YouTube etc.

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4.23 That by virtue of continuous and extensive use since February 01,
1982 and the high quality of goods sold under the trademark BENZER, it
has become distinctive and is well known and famous in India and abroad
within the meaning of sub-section 2 of Section 11 of the Act. The Trade
Marks Act, 1999 provides for protection of well-known marks in India. The
trademark BENZER is always associated by the public and the trade with the
Plaintiff through its predecessor in title and its sister concerns alone.

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4.24 That the Plaintiff has taken successful actions against infringers to
protect its BENZER trademark. The Plaintiff has successfully opposed the
applications for marks identical or similar to its BENZER trademarks.

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4.25 That in or about October, 2012, it was brought to the notice of the
Plaintiff 2012 that the Defendants are operating a showroom / shop under
the name and trading style NEW BENZAR in respect of goods including
garments at Haque Market, Raja Bazar, Patna – 800 014, Bihar without the
permission and authorization of the Plaintiff. The trademark BENZAR being
the prominent part of the Defendants’ trade name / trademark is visually,
phonetically, structurally, deceptively and confusingly similar to my

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company’s registered trademarks BENZER. The goods and services in
respect of which the marks BENZAR/NEWBENZAR are being used by the
Defendants, being garments, are identical to the goods and services of my
company. Thus, use of the identical name / mark NEWBENZAR,where
BENZAR is a prominent part thereof, by the Defendants in a similar manner
for their goods and services in relation to showroom / shop / retail
store,including garments,is a clear case of infringement of the Plaintiff's
registered trademarks BENZER.

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4.26 That the use of the mark BENZAR with the prefix “New” in
respect of similar goods, services and business falling under the same classes,
which are not up to the standards of the Plaintiff’s products / services, result
in dilution of the Plaintiff's mark. Consumers and traders are bound to be
confused that the Defendant No. 1,NEW BENZAR originates from the
Plaintiff and is connected with it, when no such connection exists. Such use
of the mark BENZAR with the prefix “New” is nothing but
misrepresentation in the course of the trade to the customers / prospective
customers that their goods / services are the Plaintiff's goods and services,
thereby tarnishing the Plaintiff's trade name / trademark BENZER. If the
Defendants are allowed to use the trade name / trademark having prominent
part BENZAR with the prefix “New”, it will completely dilute the

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established brand equity of the Plaintiff. PW-1 has tendered in evidence
photographs of display boards of the Defendants’ shop wherein the
infringing name and trademark BENZAR with the prefix “New” is
prominently displayed. PW 1 has also tendered in evidence the original cash
receipt dated October 19, 2012 issued by the Defendants, and annexed and
marked Exhibit- J Colly. and J-1 respectively to the Plaint. The same are
taken on record and marked Exhibit P-15 Colly.

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4.27 That the Plaintiff through its Advocates sent a notice dated August
22, 2013 to the Defendants calling upon them to cease and desist from using
BENZAR as a prominent part of their trade name / trading style NEW
BENZAR and thereby infringing and/or passing off the Plaintiff's registered
trademark BENZER. The said notice was received by the Defendants on
September 04, 2013 as shown on the India Post website. PW-1 has tendered
office copy of the said notice dated August 22, 2013 alongwith Postal
Receipts and India Post tracking results, which are annexed and marked as
Exhibit- K Colly. to the Plaint. The same is taken on record and marked
Exhibit P-16 Colly.

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4.28 That since the Defendants failed and neglected to reply to the said
notices, the Plaintiff sent a reminder notice dated October 30, 2013 to the
Defendants. The office copy of the reminder notice dated October 30, 2013

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alongwith Postal Receipts and India Post tracking results, are annexed and
marked as Exhibit- L Colly. to the Plaint. The same is taken on record and
marked Exhibit P-17 Colly.

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4.29 That since the Defendants failed to respond to the said reminder
notice the Plaintiff once again sent a legal notice dated 21st January, 2014 to
the Defendants. However, the Defendants again failed to respond to the
same. An office copy of the final legal notice dated dated 21st January, 2014
alongwith Postal Receipts and India Post tracking results, are annexed as
Exhibit-M Colly. to the Plaint. The same are taken on record and marked
Exhibit P-18 Colly.

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4.30 That PW-1 has also tendered an affidavit under Section 65 B of the
Evidence Act stating that the seven internet printouts relied upon by PW1
are the electronic records downloaded from various websites or the internet.
The said affidavit is taken on record and marked Exhibit P-19.

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4.31 That from the aforestated facts and submissions it is clear that the
Defendants are guilty of infringement of the Plaintiff's trademark BENZER
and is also guilty of passing off. The Plaintiffs are therefore entitled to the
reliefs including damages as prayed for in the Plaint.

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5.I have perused and considered the facts set out in the Plaint and the
evidence of PW-1. I have also perused and considered the documents which

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are marked as Exhibits P-1 to P-19. Exhibit P-3 makes it clear that the
Partnership firm BENZER has assigned the 31 trademarks mentioned at Sr.
Nos. 1 to 31 in paragraph 4.5 hereinabove in favour of the Plaintiff. Exhibit
P-4 further makes it clear that the said assignment is duly advertised in the
Trademarks Journal No. 1397-Regular dated 1st August, 2008 at pages 2772-
2773. By virtue of such registration, it is established that the Company
through its predecessor-in-title has the exclusive right to use the said
trademarks. The Plaintiff has also established that the trademark BENZER
also forms prominent part of the Company's trade name. The deposition of
PW-1 in paragraph 4.10 above also makes it clear that the Plaintiff is the
registered proprietor of the trademarks BENZER, BENZER BOULEVARD
and BENZER WORLD in classes 35, 36, 40, 41, 43, 44, 45. The deposition
in paragraph 4.11 of PW-1 along with Exhibits P-8 to P-11 establishes that the
Plaintiff, its predecessors-in-title and Group Companies have also registered
the trademark BENZER in various other countries like Canada, CTM,
Sough Africa and USA. It is also established from Exhibit P-12 that the
Plaintiff has granted license to use its trademark BENZER and its variations
to other group Companies such as Benzer Departmental Stores Pvt. Ltd.
And its other sister concerns. From the deposition of PW-1 in paragraph 4.11
above, it is established that between 1981 and 2012, Plaintiff and its group

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Company has sales turnover of Rs. 8,099,504,852 and the advertisement
expenses incurred during the said period by the Plaintiff and its Group
Companies is Rs. 315,359,245.59. From Exhibit P- 13 Colly. it is established
that the Plaintiff has widely advertised its trademarks in Print as well as in
electronic media. It is also established that the Plaintiff provides online
shopping services to its customers/clients abroad through website
www.benzerworld.com. Apart from the online advertisements as deposed
by PW-1 in paragraph 4.21 hereinabove, the locations of Benzer Stores have
been provided on various search engines and the Plaintiff is also connected
with its Indian and foreign customers through social media websites such as
Facebook, Pinterest, Twitter, YouTube, etc. The Plaintiff has therefore
established that by virtue of continuous and extensive use since February 1,
1982 and the high quality of goods sold under the tradename BENZER, the
trademark is always associated by the Public and the trade with the Plaintiff
Company through its predecessors in title and its sister concerns alone. It is
also established that the Plaintiff has been very vigilant in protecting its
trademarks internationally and vigorously enforces and defends its rights
against any act of infringement or passing off.

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7. The use of the identical name/mark NEW BENZAR where

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BENZAR is a prominent part thereof, by the Defendants in a similar manner
for their goods and services in relation to showroom/shop/retain store,
including garments, is therefore a clear case of infringement of the Plaintiff's
registered trademark BENZER. There is no bona fide reason for adoption of
the said name/trademark, other than to trade upon the established goodwill
and reputation of the Plaintiff. I am satisfied that the use of the trademark
BENZAR and the prefix NEW by the Defendants is to take unfair advantage
of the Plaintiff's reputation and goodwill which is likely to have a negative
impact on the Plaintiff's distinctive mark. The Defendants being in the same
business/industry must be or ought to have been aware of the Plaintiff's
registered trademark BENZER. The Defendants despite having been served
with several legal notices have neither responded to the same nor have they
come forward to defend the suit. I am also convinced that customers and
traders are bound to be confused that Defendant No.1, NEW BENZAR,
originates from the Plaintiff and is connected with it, when no such
connection exists. Such use of the mark BENZAR with the prefix NEW is
nothing but misrepresentation in the course of the trade to the
customers/prospective customers that their goods and services are that of
the Plaintiff's goods and services. If the Defendants are allowed to use the
trade name/trademark having prominent part BENZAR with the prefix

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NEW it will dilute the established brand equity of the Plaintiff.

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8. In the circumstances, I pass the following order:

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(i) The Suit is decreed in terms of prayer clauses (a), (b) and (e) which are reproduced hereinabove.

¶126

(ii) Considering the nature of infringement and with a view to dissuade others from indulging into such activities, it is imperative that some punitive damages are awarded to the Plaintiff. I, therefore award punitive damages amounting to Rs.2,00,000/- to the Plaintiff and against the Defendants.

¶127

(iii)The suit is accordingly disposed of. Refund of court fees, if any, as per

¶128

Rules.

¶129

 (S.J. KATHAWALLA, J.)

Benzer Retail Private Ltd. v. New Benzar and Anr.

Case brief

What is this about?

What did the court decide?

Benzer Retail Private Ltd. v. New Benzar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

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