A Delhi court has ordered the company to stop using Gucci's mark on their products and to pay damages

04 September 2021, Mumbai:

A Delhi court has ordered a city-based manufacturer to refrain from using the mark of worldwide luxury brand Gucci on its products and to pay damages of Rs 2 lakh and expenses of Rs 1.66 lakh.

The Florence-based luxury fashion business had petitioned the court to prevent Shipra Overseas, which is owned by Intiyaz Sheikh, from infringing on its trademark and copyright in the area of "socks."

Bharat Parashar, a district court, stated there was no reason to doubt Gucci's claim, noting that the company's products had a high level of goodwill, exclusivity, originality, and unique character. In a decision dated August 27, the court stated, "I am left with no question whatsoever that the plaintiff (Gucci) has been successful in proving its case entitling him to award of a judgement of permanent injunction in its favour and against the defendant."

The judge further ordered that all infringing items from the Delhi-based manufacturer's facilities be turned over to Gucci and destroyed.

He further stated that the firm is responsible to pay Gucci damages and awarded the latter Rs 2 lakh in addition to Rs 1.66 lakh in litigation expenses. Gucci said that in 2019, its field agents discovered Sheikh's firm manufacturing, distributing, and selling significant amounts of counterfeit items, including socks and packing material, under the "green and red stripes" trademark and mark "GUCCI."

It requested an injunction prohibiting the firm from using the mark "GUCCI" in any form, including manufacturing, trading, selling, supplying, promoting, offering for sale, or dealing in any other way.

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