Delhi High Court has restrained Leuci Communications, a Chinese company from using the well known Larsen and Toubro (L&T) logo. L&T, a leading manufacturer of electrical goods, had found a cell phone charger bearing its logo being sold in Bihar’s Muzaffarpur. Subsequently L&T had filed a suit in the Delhi High Court to ban Leuci Communications from selling the product under its registered trademark.
This suit was filed four years ago. Leuci Communications remained unrepresented as it couldn’t be officially informed about the court proceedings. In such a situation, keeping the consumers interest in mind, Delhi High Court underscored the various provisions of Intellectual Property Rights (Imported Goods) and Enforcement Rules, 2007, and Customs Act, 1962, which work for checking the inflow of pirated goods. Hearing the case, Justice VK Jain directed the authorities to ensure that pirated goods that violate Intellectual Property Rights and Trade Mark Act are not to be allowed in the country.
Delhi High Court has also passed an order restraining the Chinese company from manufacturing, selling, exporting, distributing or marketing any mobile charger using the registered mark or logo of L&T. It has directed the authorities to destroy within eight weeks all the chargers and packaging bearing the registered mark/logo of L&T and awarded the Indian company damages of Rs50, 000.
Authored by Ms. Sharada Kalamadi
Image from www.larsentoubro.com
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