Deposit Rs 25 lakh in PM Relief Fund, Delhi HC tells trademark law offender
New Delhi(PTI): The Delhi High Court has directed a spices manufacturer here to submit Rs 25 lakh to the Prime Minister's National Relief Fund for carrying out its business in violation of the trademark law and also imposed costs of Rs 30 lakh on it.
Justice Prathiba M Singh noted that the entity was found to be manufacturing and selling its products in name of the brand of the plaintiff company in spite of an order of injunction and also directed that a sum of Rs 20 lakh be deposited by it with the court.
The court said it was inclined to impose the strictest of the punishment on the defendant but in view of the remorse and unconditional apology expressed, only heavy monetary penalty was being awarded.
"The defendants shall pay a sum of Rs 30,00,000 as costs, which the plaintiff has incurred towards legal fees and pursuing the contempt applications, as also, in paying the fees of the local commissioners (etc.), said the court in its order dated August 2.
"In addition, the defendants shall deposit a sum of Rs 25,00,000 in the Prime Minister's National Relief Fund, on or before 15th November, 2022. Finally, a sum of Rs 20,00,000 shall be deposited with the worthy Registrar General of this Court, on or before 15th January, 2023. The said amount shall be retained in a fixed deposit on auto-renewal mode, and shall be subject to the final decision in the present suit, the court further ordered.
In its order, the court recorded that the defendant has also already incurred losses as its infringing products stated to worth approximately Rs 4 crore were donated to Gurdwara Rakab Ganj Sahib and Nizamuddin Dargah after being seized by the local commissioner.
The plaintiff submitted that although the court had, in September last year, restrained the defendant from manufacturing the infringing products under the mark of the plaintiff, the defendant continued to do so and also advertised on an e-commerce platform.
The defendants tendered unconditional apology and told the court they were ready to change their trading name as well as labels.
The court directed that moving forward, the defendant shall use another mark/name for their spices and also change the colour of their packaging.
It further said that once Rs 10 lakh out of the costs of 30 lakh imposed on it is paid by the defendant to the plaintiff, the defendant's factory shall be de-sealed in order to enable it to commence their business again and deposit the remaining amount.
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'Dictatorship' going on in country is unacceptable: Arvind Kejriwal
Chandigarh (PTI): Attacking the BJP, Delhi Chief Minister Arvind Kejriwal on Friday said the "dictatorship" allegedly going on in the country is unacceptable and the nation has never seen such a period in the past 75 years.
Kejriwal was addressing Punjab AAP workers and leaders, including MLAs, in Amritsar and asked them to put in their best to ensure AAP's victory in all the 13 Lok Sabha seats in Punjab.
He slammed the BJP, accusing it of putting all rival party leaders in jail.
"The dictatorship that is going on in our country is not acceptable. India has never seen such a period in the past 75 years, putting opposition leaders in jail," said Kejriwal.
He even sought to liken the situation in India with that of Russia.
"Like in Russia, (Vladimir) Putin had either sent all rival leaders in jail or got them killed and then conducted the elections and got 87 per cent votes. When there is no opposition, you will be the only one who will get votes," he said.
"They put me in jail, (former Delhi deputy CM) Manish Sisodia was put in jail, Congress party's bank account was attached, (they) are troubling TMC, (Tamil Nadu CM MK) Stalin's ministers have been put in jail.
"Put everyone in jail. Then only one party and one leader will remain but democracy will not survive. We do not have to let this happen," said Kejriwal.
Kejriwal came to Punjab on Thursday and held a roadshow in support of AAP's Amritsar candidate Kuldeep Singh Dhaliwal.
