Disposed

Samsonite Ip Holdings S.A.R.L. v. Swiss Military Consumer Goods Ltd.

Delhi HC17 Feb 2025CS(COMM)/882/2024

Case brief

AI extract

What is this about?

Design infringement suit over Samsonite Nuon and American Tourister Bayview suitcase designs. Defendant undertook not to manufacture or sell suitcases with the suit designs, denying infringement. Suit decreed in terms of plaint prayers (a) to (c), counter-claim withdrawn, plaintiff gave up costs and damages; stock details ordered.

What did the court decide?

Suit decreed in terms of Para 45(a)-(c) of the plaint; defendant's counter-claim dismissed as withdrawn; plaintiff gave up costs and damages.

Samsonite Ip Holdings S.A.R.L. Vs Swiss Military… — Intellectual Property | Delhi HC (2025)

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$~27

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(COMM) 882/2024 & I.A. 41724/2024, I.A. 45041/2024, I.A. 47019/2024, I.A. 48626/2024

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SAMSONITE IP HOLDINGS S.A.R.L. .....Plaintiff

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Through: Mr. Jayant Mehta, Sr. Adv. with Mr. C. A. Brijesh, Mr. Krisna Gambhir, Ms. Simranjot Kaur, Advocates (M: 9478515115)

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versus

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SWISS MILITARY CONSUMER GOODS LTD. .....Defendant Through: Mr. Essenese Obhan, Ms. Anjuri Saxena, Ms. Urvashi Singh, Advocates

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CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

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O R D E R

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% 17.02.2025

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The present suit has been filed seeking permanent injunction restraining the defendant from using plaintiff’s registered design, i.e., Samsonite Nuon, bearing no. 330165-001 and American Tourister Bayview, bearing no. 317776-001 .

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Learned counsel for the defendant, on instructions, submits that the defendant shall not manufacture or sell the suitcases with the suit design any further.

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She, however, submits that there has been no infringement on the part of the defendant, and that the said statement is being made only with a view to close the litigation between the parties.

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At this stage, learned Senior Counsel for the plaintiff submits that

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This is a digitally signed order.

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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 19/02/2025 at 12:06:43

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though they are satisfied with the statement that the defendant shall not manufacture or sell the suitcases with the design in question, however, the details of the stock with respect to suitcases already manufactured and released in the market by the defendant, be filed before this Court.

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He submits that this is imperative so that the clear factual position, along with ‘Batch Number’ and ‘Date of Manufacture’, is placed before this Court, so that no further products are manufactured or released in the market by the defendant.

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Learned Senior Counsel for the plaintiff further submits that the plaintiff shall give up its costs and damages in view of the statement made by the defendant.

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Accordingly, with the consent of the parties, without making any observations as regards the issue of infringement, the following directions are issued:

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I. The suit is decreed in favour of the plaintiff in terms of Para - 45 (a) to (c) of the plaint.

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II. The counter claim filed by the defendant is dismissed as withdrawn.

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Let decree sheet be drawn up in the aforesaid terms.

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Considering the submissions made before this Court, the defendant is directed to file details of its stock statement, clearly detailing the ‘Batch Number’ and ‘Date of Manufacture’ of the suitcases with the suit design in question.

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Let requisite stock statement, along with affidavit, be filed by the defendant within a period of four weeks, from today.

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The suit, along with pending applications, accordingly stands disposed of.

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This is a digitally signed order.

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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 19/02/2025 at 12:06:43

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List for compliance on 27^th March, 2025.

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MINI PUSHKARNA, J

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FEBRUARY 17, 2025

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This is a digitally signed order.

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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 19/02/2025 at 12:06:43

Samsonite Ip Holdings S.A.R.L. v. Swiss Military Consumer Goods Ltd.

Case brief

What is this about?

What did the court decide?

Samsonite Ip Holdings S.A.R.L. v. Swiss Military Consumer Goods Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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