Delhi High Court - Orders
Panasonic Holdings Corporation & Anr vs Ashok Kumar & Ors on 17 March, 2025
Author: Amit Bansal
Bench: Amit Bansal
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 234/2025 & I.A. 6783-6788/2025
PANASONIC HOLDINGS CORPORATION & ANR. .....Plaintiffs
Through: Mr. Dushant K. Mahant, Mr. Manoj
Kumar and Mr. Kuldeep Singh,
Advocates along with Mr. Mohit
Yadav, A.R. of the plaintiffs
versus
ASHOK KUMAR & ORS. .....Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 17.03.2025 I.A. 6787/2025 (exemption from filing certified/original copies, typed copies of deemed documents with lesser margins, font size)
1. Allowed, subject to the plaintiffs filing legible copies of the documents within four weeks from today.
2. The application is disposed of.
I.A. 6788 /2025 (seeking exemption from advance service to defendants)
3. The plaintiffs seek urgent interim relief against counterfeit products and for this purpose, an ex-parte appointment of Local Commissioner is also sought to confiscate the goods. It is submitted that there is a probability that the defendants may remove the infringing products if the defendants are given advance service of the plaint paper book.
4. Therefore, in the peculiar facts and circumstances of this case, CS(COMM) 234/2025 Page 1 of 16 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 11/04/2025 at 21:37:45 exemption from effecting advance service upon the defendants is granted.
5. The application is disposed of.
I.A. 6784/2025 (O-XI R-1(4) of the Commercial Courts Act)
6. The present application has been filed on behalf of the plaintiffs seeking leave to file additional documents.
7. The plaintiffs are permitted to file additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.
8. Accordingly, the application stands disposed of. I.A. 6786/2025 (U/S 12A of Commercial Courts Act)
9. As the present suit contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC Online SC 1382, exemption from the requirement of pre- institution mediation is granted.
10. The application stands disposed of.
CS (COMM) 234/2025
11. Let the plaint be registered as a suit.
12. Issue summons.
13. Summons be issued to the defendants through all modes. The summons shall state that the written statement(s) shall be filed by the defendants within thirty days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit of admission/denial of the documents of the plaintiffs, without which the written statement(s) shall not be taken on record.
14. Liberty is given to the plaintiffs to file replication(s), if any, within CS(COMM) 234/2025 Page 2 of 16 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 11/04/2025 at 21:37:45 thirty days from the receipt of the written statement(s). Along with the replication(s) filed by the plaintiffs, affidavit of admission/denial of the documents of the defendants be filed by the plaintiffs.
15. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
16. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
17. List before the Joint Registrar on 26th May, 2025 for completion of service and pleadings.
18. List before the Court on 28th August, 2025.
I.A. 6783/2025 (Order XXXIX Rules, 1 & 2 CPC)
19. The present suit has been filed seeking permanent injunction restraining the defendants from infringing the registered trademarks of the plaintiffs and passing off their goods as those of the plaintiffs, along with other ancillary reliefs.
20. It is the case of the plaintiffs that they adopted the unique and arbitrary trade mark ANCHOR internationally in the year 1963. It is averred that plaintiffs have also adopted the arbitrary and distinctive device marks "ANCHOR/ " in 1963. Both the device marks have been openly, extensively and continuously used and have become a source identifier. It is further averred that the plaintiffs have been using the CS(COMM) 234/2025 Page 3 of 16 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 11/04/2025 at 21:37:46 trade mark ANCHOR/ " since 1996, in India. The device marks ANCHOR/ " constitutes original artistic work entitled to protection under the Copyrights Act, 1957.
21. It is averred that the trademark ANCHOR has been used as a trading name by the plaintiffs, in the field of electrical accessories for more than fifty years, apart from use as a trademark to distinguish the products manufactured by the Plaintiffs.
22. The plaintiffs have also applied for and obtained several registrations of the trade mark ANCHOR under the Trade Marks Act, 1999, details of which are given in paragraph no.10 of the plaint. The Plaintiffs also hold various trade mark registrations for ANCHOR across various jurisdictions.
23. The plaintiffs' products have garnered substantial goodwill and revenue in India, with a turnover of I N R 4 3 , 8 2 , 2 4 , 9 9 , 9 6 3 i n t h e f i n a n c i a l y e a r 2 0 2 3 - 2 4 a n d INR 18,21,81,24,449 for the c u r r e n t financial year i.e. since April, 2024 till September, 2024, details of which are mentioned in paragraph no.7 of the plaint.
24. It is the case of the plaintiffs that they have been confronted with the ever-growing challenge of counterfeiting and in order to unravel the counterfeit network have conducted several rounds of investigations since February, 2025 which revealed that several parties in Delhi and Delhi NCR are involved in the business of printing/manufacturing/trading/stocking and selling counterfeit products.
CS(COMM) 234/2025 Page 4 of 16This 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 11/04/2025 at 21:37:46
25. It is further averred that Delhi is the hub of counterfeit activities in relation to ANCHOR branded products and supplies are being made from Delhi to various parts of the country.
26. Mr. Dushyant K Mahant, counsel appearing on behalf of the plaintiffs submits that further investigations were conducted in various parts of the country, including Delhi, which has revealed that the defendants no.1 to 9 are involved in the supply and sale of counterfeit electrical products bearing ANCHOR brand in Delhi and Delhi NCR. Mr. Mahant further states that the defendants no.1 to 9 are acting in collusion and connivance with sellers and suppliers of ANCHOR branded counterfeit products in Delhi and are selling counterfeit ANCHOR branded products in Delhi.
27. It is stated that the samples bought from the market were subjected to quality tests which showed that they were of sub-standard quality and did not meet the standards put in place by the plaintiffs.
28. According to Mr. Mahant, the deep penetration which the counterfeiters have made all across India including in the city of Delhi was not only impacting the reputation and the business interests of the plaintiffs but had the potential of causing grave harm to the life and well- being of the consumers who would buy such counterfeit products based on the belief that they originated from the plaintiffs.
29. It is in this background that the plaintiffs have approached this Court for various ex-parte reliefs in what is, essentially, a John Doe/Ashok Kumar action.
30. I have heard the counsel for the plaintiffs.
31. Based on the averments in the plaint and submissions made on CS(COMM) 234/2025 Page 5 of 16 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 11/04/2025 at 21:37:46 behalf of the plaintiffs, the plaintiffs have clearly established their proprietary rights over the marks "ANCHOR"/ " ".
32. The images of the competing products of the plaintiffs and the defendants pointing out the closeness as also the difference between the counterfiet products are set out in the table below:
PLAINTIFF'S IMPUGNED PRODUCTS
PRODUCTS
COMPARISON OF THE COUNTERFEIT FAN
REGULATOR PACKING OF THE DEFENDANT TO
THAT OF THE COUNTERFEIT PACKING OF THE
PLAINTIFF:
ORIGINAL COUNTERFEIT
1. Maximum Retail 1. MRP is mentioned on
Price is mentioned on the the original packing.
original packing.
2. Boss is not supported
2. Boss is supported by by any metal O-ring.
metal O- ring.
CS(COMM) 234/2025 Page 6 of 16
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 11/04/2025 at 21:37:46 COMPARISON CHART OF THE COUNTERFEIT SOCKET OF THE DEFENDANT TO THAT OF THE COUNTERFEIT PACKING OF THE PLAINTIFF ORIGINAL COUNTERFEIT
1. There is correct CM/L 1. There is wrong No. on the plastic packing of CM/L No. on the plastic socket. packing of socket.
CS(COMM) 234/2025 Page 7 of 16This 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 11/04/2025 at 21:37:46 COMPARISON CHART OF THE COUNTERFEIT 3 PIN TOP PLUG PACKING OF THE DEFENDANT TO THAT OF THE COUNTERFEIT PACKING OF THE PLAINTIFF:
ORIGINAL COUNTERFEIT
1. Long operational symbol 1. Long operational is mentioned in the eight (8) symbol is mentioned shape on the original. different shape.
2. There is not mentioned the 2. There is mentioned coma between the WHITE and the coma between the 6A on the original. WHITE and 16A on the original CS(COMM) 234/2025 Page 8 of 16 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 11/04/2025 at 21:37:46
33. It is evident from the comparative chart of some of the products that the defendants no.1 to 9 are selling counterfeit products, which may have been procured from illegitimate sources or would have been manufactured in a manner so as to make it impossible to distinguish between a counterfeit and original product with a sole purpose to commit fraud upon the public at large. It is the case of the plaintiffs that the products being CS(COMM) 234/2025 Page 9 of 16 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 11/04/2025 at 21:37:46 sold by the defendants have the resemblance of an original ANCHOR product/its packaging/logo but are sub-standard counterfeit products.
34. A prima facie case of infringement and passing off is made out on behalf of the plaintiffs. Balance of convenience is in favour of the plaintiffs and against the defendants. Irreparable injury would be caused not only to the plaintiffs but also to the public if an ex parte ad interim injunction as prayed for is not granted in favour of the plaintiffs.
35. Consequently, till the next date of hearing, an ex-parte ad interim injunction order is passed and accordingly, the defendants no.1 to 9 by themselves or through partners, or proprietor, as the case may be, assigns in business, distributors, licensees, suppliers, agents, printers, franchisees, dealers, their principal officers, servants, and agents, and all others acting for andon behalf of them are restrained from manufacturing, assembling, printing, selling, offering for sale, advertising, directly or indirectly dealing in counterfeit ANCHOR branded products or any other products under the trade mark ANCHOR or packaging pertaining thereto or any other deceptively similar trade mark/packaging and/or any unauthorized use of ANCHOR trademark/trade-dress/labels/logos/colour combination/packaging/get-up/copyright/device elements which is a colourable imitation and/ or a substantial reproduction of the plaintiffs' ANCHOR/labels/packaging/logos/colour-combination/get-up/device elements/trade dress as may lead to confusion or deception.
36. Issue Notice to all the defendants through all permissible modes.
37. Reply(ies) be filed within four (4) weeks.
38. Rejoinder(s) thereto, if any, be filed within two (2) weeks thereafter.
CS(COMM) 234/2025 Page 10 of 16This 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 11/04/2025 at 21:37:46
39. In view of the fact that the plaintiff has sought appointment of Local Commissioners to seize the infringing goods, the very purpose of grant of ex-parte ad interim injunction would be defeated if the defendants are given notices contemplated in Order XXXIX Rule 3 of Code of Civil Procedure, 1908 (hereinafter "CPC") prior to the execution of the commission. Hence, it is directed that the plaintiffs shall serve notices under Order XXXIX Rule 3 of CPC at the time of execution of the commission which shall not be later than two (2) weeks from today.
40. List before Joint Registrar on 26th May, 2025 for completion of service and pleadings.
41. List before Court on 28th August, 2025.
I.A. 6785/2025 (Seeking appointment of local commissioners)
42. Mr. Dushyant K Mahant seeks appointment of five (5) Local Commissioners contending that the defendants are likely to remove all physical evidence or deny their involvement in the counterfeiting activities. The appointment of Local Commissioners is, in addition, necessary to seize all the aforementioned counterfeit products, packaging, labels, printing materials, printing cylinders, blocks, dyes, articles, manufacturing materials, plates, and moulds used for printing, manufacturing the impugned products etc. pertaining thereto or being sold from the premises mentioned in Paragraph no.6 of the application and any other premises disclosed during the execution of proceedings.
43. Accordingly, the following are appointed as Local Commissioners to visit the premises of the defendants situated at the address mentioned against their name:
CS(COMM) 234/2025 Page 11 of 16This 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 11/04/2025 at 21:37:46 S.No Entity Address of premises Police Name of LCs Name to be visited Station Address
1. unknown K/14-D&E, Satanam Police Ms. Neha Arya Marg, Satanam Park, Station Ram Nagar, Krishna Jagatpuri, +91-8178346106 Nagar, Delhi-110051 Delhi unknown Shop No. 04, Main Police Road, Krishna Station Nagar, Delhi-110051 Jagatpuri, Delhi unknown A-1, Near Hanuman Police Mandir, Jhilmil Station Colony, Delhi- Vivek 110095 Vihar, Delhi
2. unknown A-Block, Main Police Ms. Yashodhara Pushta Road, Kali Station Gupta Ghata, West Karawal Khajuri, Nagar, Delhi-110094 Delhi +91-9873232846 101/1, Pratap Nagar, Police Station Opp. ASN Day Pandav Boarding School, Near Nagar, Delhi SBI Bank, Mayur Vihar, Phase-I, Delhi-110091
3. unknown WZ-296, Madipur Police Ms. Teena Village, New Delhi- Station Srivastava 110063 Punjabi Bagh, +91-9560552703 Delhi 3/10, West Patel Nagar, Police Station Patel Nagar, New West Patel Delhi-110008 Nagar, CS(COMM) 234/2025 Page 12 of 16 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 11/04/2025 at 21:37:46 Delhi
4. unknown Shop No. 2&3, Block- Police Ms. Aradhya Station Chaturvedi G1, Prem Nagar, Najafgarh, Najafgarh, New Delhi- Delhi +91-9560758007 110043 5 unknown B-68, Fatehpur Beri, Police Ms. Rachita Garg Station South Delhi-
Fatehpur +91-7838066417 110074 Beri, Delhi
44. The following directions are issued in this regard:-
i. The Local Commissioners, along with representatives of the plaintiffs and their counsels, shall be permitted to enter upon and search the above noted premises of defendants or any other location/premises that may be identified during the course of commissions and premises of any other defendant not disclosed herein and as may be identified from time to time by the authorised representative of the plaintiffs and seize products (including unfinished semi-finished goods), packaging, labels, printing materials, printing cylinders, block, dyes, articles, manufacturing materials, plates, moulds, machines used for manufacturing/ printing of counterfeit products/ packaging bearing the trade mark ANCHOR and its labels or being sold. The Local Commissioner shall be permitted to open product packs to inspect the logos/devices on the complained products.CS(COMM) 234/2025 Page 13 of 16
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 11/04/2025 at 21:37:46 ii. The Local Commissioners shall make an inventory of all the infringing products including but not limited to label/packaging material (hereinafter referred to as 'infringing material').
iii. The Local Commissioners shall conduct a search at the defendant's premises and seize the infringing goods, including any packaging/ promotional material reflecting infringement.
iv. After seizing infringing material, the same shall be sealed and signed by the Local Commissioners, in the presence of the parties, and released on superdari to the plaintiffs on their undertaking to produce the same as and when further directions are issued in this regard.
v. The Local Commissioners shall also be permitted to make copies of the books of accounts including ledgers, cash registers, stock registers, invoices, books, etc. insofar as they pertain to the infringing products.
vi. The defendant and its representatives are directed to provide full assistance to the Local Commissioners for executing the present commission.
vii. In case, the aforesaid premises of the defendant or any part thereof are found locked, the Local Commissioners are permitted to break open the locks and doors for execution of the commission.
viii. To ensure an unhindered and effective resolution of this order, the SHO of the local police station having jurisdiction of the aforesaid premises and the DCP concerned are directed to render the necessary protection and assistance to the local commissioners, if CS(COMM) 234/2025 Page 14 of 16 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 11/04/2025 at 21:37:46 and when sought.
ix. The Local Commissioners shall have the liberty to take photographs and/or videos of the stock seized and to take a sample of the infringing products to be filed along with their Reports.
x. The Local Commissioners would retain their power to visit and seize counterfeit ANCHOR branded products/packaging etc. on information being made available to them by the plaintiffs from time to time, till the next date of hearing. xi. On such further seizure of infringing products, the defendants or each one of them in respect of whom the seizure has been effected, shallbe served with a complete set of Court documents forthwith. The injunction order adverted to in paragraph 35 hereinabove shall apply mutatis mutandis to the John Doe defendants as well. The plaintiffs shall take steps to implead such parties as defendants in these proceedings. The Registry shall issue summons to the John Doe defendants as and when impleaded. The defendants as also the John Doe defendants will have liberty to approach the Court for variation, modification or even vacation of the order passed by this Court and shall have a right to defend themselves on the next date of hearing before this Court, which shall be duly intimated to him or them by the counsel for the plaintiffs.
45. The Local Commissioners shall file their Reports within two (2) weeks of executing the commissions, along with photographs taken and photocopies of the books of account and stock the inventory procured pursuant thereto.
CS(COMM) 234/2025 Page 15 of 16This 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 11/04/2025 at 21:37:46
46. The fees of the Local Commissioners to be borne by the plaintiffs, are fixed at Rs.1,00,000 each. The plaintiffs shall also bear expenses for travel of the Local Commissioners and other miscellaneous out-of-pocket expenses incurred for the execution of the commissions. The entire fees of the Local Commissioners shall be paid in advance by plaintiffs.
47. The local commissioners shall be paid additional fee of Rs.50,000 for each subsequent visit in Delhi and an additional fee of Rs.75,000 for each subsequent visit outside Delhi.
48. The application stands disposed of in the above terms.
49. Copy of this order shall not be uploaded for a period of two (2) weeks from today.
50. A copy of this order be given dasti under the signatures of the Court Master.
AMIT BANSAL, J MARCH 17, 2025 ds CS(COMM) 234/2025 Page 16 of 16 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 11/04/2025 at 21:37:46