Appeal against dismissal of execution objections under Section 47 CPC in a trademark infringement decree founded on settlement. Court found speakers and packaging recovered were counterfeit, judgment debtor failed to produce purchase bills, upheld executing court's inference of violation, dismissed appeal but permitted evidence before executing court.
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Through: Mr. P. D. Gupta, Sr. Advocate along with Mr. Atul Gupta, Advocate.
versus
PIONEER CORPORATION .....Respondent Through: Mr. Samar Bansal, Mr. Sumit Wadhwa and Ms. Vanshika Arora, Advocates.
CORAM: HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R
% 07.10.2024
This is a digitally signed order.
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acknowledged that DH has exclusive right to use trademark “PIONEEER” and agreed to the grant of permanent injunction in favour of the DH in respect of trade mark “PIONEEER” and its trade dress. Vide Clause (d), JD agreed to the destruction of the goods and articles seized by the LC on 13.06.2018 as also any other goods and articles bearing the said trademark of the DH within two weeks from the date of execution of the settlement. As per Clause 6(f), JD agreed that he will completely change the current packaging/trade dress used by him for its products under the trademark “PREMIER”, which is identical to the packaging/trade dress used by the DH for its products. 4. DH filed yet another Suit against the JD on fresh cause of action. LC appointed by the Court, visited the premises of the JD and submitted his Report dated 22.11.2022. 5. Thereafter, the DH filed an Execution Petition against JD for violation of the Settlement Agreement. JD filed objections under Section 47 CPC. However, the same were dismissed by the learned District Judge vide order dated 20.01.2024, which have been assailed in appeal. 6. Learned counsel for JD has submitted that there is no material on record to establish that JD has in any manner violated the Settlement Agreement in terms of which the decree was passed. He submits that LC had seized speakers of make “PIONEER”, which are the genuine products of the DH and are not counterfeit and there is no prohibition to keep the genuine products. It is further submitted that JD is no more running the business of selling speakers. It is argued that there is no evidence that JD has violated the dress code used by the DH in respect of its products. With regard to the recovery of the boxes, it has been submitted that such boxes were old boxes lying in
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/10/2024 at 14:26:31
the premises of the JD and were not got printed afresh after the settlement with the DH.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/10/2024 at 14:26:31
dress used by the JD were not the same and thus inferred that the boxes/trade dress were got made and printed subsequent to the Settlement Agreement.
YASHWANT VARMA, J.
RAVINDER DUDEJA, J.
October 07, 2024 RM
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/10/2024 at 14:26:31
1 issue framed by the court
Whether the executing court rightly dismissed objections under Section 47 CPC holding that the judgment debtor violated the settlement decree by manufacturing counterfeit products.
3 provisions across 2 enactments
Sushil Goel
Pioneer Corporation
Yashwant Varma
Ravinder Dudeja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
