Delhi High Court - Orders
Campus Activewear Limited vs Asian Footwears Private Limited & Ors on 3 June, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:04.06.2022
22:58:51
$~20 & 21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 177/2022 & I.As.4488/2022, 8384/2022
CAMPUS ACTIVEWEAR LIMITED ..... Plaintiff
Through: Mr. Zeeshan Hashmi, Mr. Ankit
Parashar, Ms. Anuja Chaudhury,
Advocates (M:8802310640)
versus
ASIAN FOOTWEARS PRIVATE LIMITED & ORS...... Defendants
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Sauradeep Mokhopadhya,
Advocates for D-1.(M:9872464015)
Mr. Ayush Jindal, Director of
Defendant Company.
Mr. Devvrat Joshi & Ms. Anjali
Agrawal, Advocate for D-2.
(M:9810621272)
Mr. Sidharth Chopra and Mr. K.
Mahajan, Advocate for D-3.
(M:9958393111)
(21) WITH
+ CS (COMM) 362/2022 & I.A.8484/2022
CAMPUS ACTIVEWEAR LIMITED ..... Plaintiff
Through: Mr. Zeeshan Hashmi, Mr. Ankit
Parashar, Ms. Anuja Chaudhury,
Advocates
versus
ASIAN FOOTWEARS PRIVATE LIMITED & ORS...... Defendants
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Sauradeep Mokhopadhya,
Advocates for D-1. (M:9872464015)
Mr. Ayush Jindal, Director of
Defendant Company.
Mr. Devvrat Joshi & Ms. Anjali
Agrawal, Advocate for D-2.
Mr. Sidharth Chopra and Mr. K.
Mahajan, Advocate for D-3.
CS (COMM) 177/2022 & 362/2022 Page 1 of 13
Signature Not Verified
Digitally Signed By:Devanshu
Signing Date:04.06.2022
22:58:51
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 03.06.2022
1. This hearing has been done through hybrid mode.
2. The Plaintiff- Campus Activewear Limited has filed the present two suits against Defendant No.1- Asian Footwears Private Limited. The two other Defendants are- Amazon Seller Services Private Limited and M/s Flipkart Internet Private Limited which are e-commerce platforms. Defendant No.4 is John Doe. The grievance of the Plaintiff is that Defendant No.1 had imitated a number of shoes/footwear designs of the Plaintiff. In CS(COMM) 177/2022 titled Campus Activewear Ltd. v. Asian Footwear Pvt. Ltd., 14 designs of the Plaintiff which were alleged to be copied by Defendant No.1 in different color combinations are as under:
Sl.no Product of the Plaintiff Product of Defendant No. 1 1 RIM POPCORN-02 CS (COMM) 177/2022 & 362/2022 Page 2 of 13 Signature Not Verified Digitally Signed By:Devanshu Signing Date:04.06.2022 22:58:51 2 BRAZIL PRO BOUNCER-01 3 CESTER(N) VELOCITY-07 4 ROCKET RAFAEL-01 CS (COMM) 177/2022 & 362/2022 Page 3 of 13 Signature Not Verified Digitally Signed By:Devanshu Signing Date:04.06.2022 22:58:51 5 BALENO OXYGEN-02 6 PLASMA PRO OSLO PRO 7 TERMINATOR PLASMA-08 8 DOME CENTURY-12 CS (COMM) 177/2022 & 362/2022 Page 4 of 13 Signature Not Verified Digitally Signed By:Devanshu Signing Date:04.06.2022 22:58:51 9 EVOK CAPTAIN-09 10 BELGIUM BOUNCER-12 11 REE-FLECT MISSLE-02 12 ARTEMIS MISSLE-01 CS (COMM) 177/2022 & 362/2022 Page 5 of 13 Signature Not Verified Digitally Signed By:Devanshu Signing Date:04.06.2022 22:58:51 13 FIRST POPCORN 14 OXYFIT SUPERWALK-01
3. In the second suit CS(COMM) 362/2022 titled Campus Activewear Ltd. v. Asian Footwear Pvt. Ltd., seven footwear designs of the Plaintiff which were alleged to be copied by Defendant No.1 in different color combinations are as under:
Sl.no Product of the Plaintiff Product of Defendant No.1 15 HURRICANE EXPRESS-02 CS (COMM) 177/2022 & 362/2022 Page 6 of 13 Signature Not Verified Digitally Signed By:Devanshu Signing Date:04.06.2022 22:58:51 16 CLAIRE TOKYO-02 17 VACUM ASIAN PLASMA-05 18 THRILL EXPRESS-01 19 CASSIDY ASIAN LACE-UP CS (COMM) 177/2022 & 362/2022 Page 7 of 13 Signature Not Verified Digitally Signed By:Devanshu Signing Date:04.06.2022 22:58:51 20 DIVINE BLADE-08 21 WATERPROOF-08 WISDOM
4. The above designs are total of 21 in number. The parties were referred to mediation before Justice Manmohan Singh (Retired), Judge, Delhi High Court. Before the ld. Mediator, Defendant No.1 agreed to altogether give up 16 footwear designs of the 21 designs impugned. Insofar as the remaining five designs are concerned, Defendant No.1 has carried out changes in those designs. The status of each impugned design as agreed between the parties is as under:
PRODUCTS OF THE PLAINTIFF AND DEFENDANT NO. 1 - C.S.(COMM.) 177 OF 2022 S. PLAINTIFF'S DEFENDANT'S STATUS No. PRODUCT PRODUCT NAME NAME CS (COMM) 177/2022 & 362/2022 Page 8 of 13 Signature Not Verified Digitally Signed By:Devanshu Signing Date:04.06.2022 22:58:51 1 FIRST POPCORN-01 DISCONTINUED 2 RIM POPCORN-02 CHANGED 3 BRAZIL PRO BOUNCER-01 CHANGED 4 CESTER VELOCITY-07 DISCONTINUED 5 ROCKET RAFALE-01 DISCONTINUED 6 OXYFIT SUPERWALK- DISCONTINUED 01 7 OSLO PRO PLASMA PRO DISCONTINUED 8 BALENO OXYGEN-02 DISCONTINUED 9 TERMINATOR PLASMA-08 CHANGED 10 DOME CENTURY-12 CHANGED 11 REE-FLECT MISSILE-02 DISCONTINUED 12 EVOK CAPTAIN-09 DISCONTINUED 13 BELGIUM BOUNCER-12 DISCONTINUED 14 ARTEMIS MISSILE-01 CHANGED PRODUCTS OF THE PLAINTIFF AND DEFENDANT NO. 1 -
C.S.(COMM.) 362 OF 2022 S. PLAINTIFF'S DEFENDANT'S STATUS No. PRODUCT PRODUCT CS (COMM) 177/2022 & 362/2022 Page 9 of 13 Signature Not Verified Digitally Signed By:Devanshu Signing Date:04.06.2022 22:58:51 NAME NAME 1 HURRICANE EXPRESS-02 DISCONTINUED 2 CLAIRE TOKYO-02 DISCONTINUED 3 VACUM PLASMA-05 DISCONTINUED 4 THRILL EXPRESS-01 DISCONTINUED 5 CASSIDY BLADE-04 DISCONTINUED 6 DIVINE BLADE-08 DISCONTINUED 7 WISDOM WATERPROOF-01 DISCONTINUED
5. The new/changed design qua 5 shoe designs, as agreed between the parties, is as under:
Product of Defendant New Design No.1 POPCORN-02 BOUNCER-01 CS (COMM) 177/2022 & 362/2022 Page 10 of 13 Signature Not Verified Digitally Signed By:Devanshu Signing Date:04.06.2022 22:58:51 PLASMA-08 CENTURY-12 MISSILE-01
6. The Plaintiff has agreed to the changed designed as depicted above in respect of 5 shoes and the images of the same are taken on record. With the Defendant No.1 giving up 16 of the designs and carrying out changes in the remaining five, the suits of the Plaintiff stand satisfied.
7. Defendant No.1 has approximately 98,000 pieces of finished and unfinished footwear bearing the 21 designs impugned in the present two suits lying with it. The Plaintiff has no objection if the same are allowed to be exhausted by the Defendant No.1. Accordingly, Defendant No.1 is granted four months' time i.e., till 30th September, 2022 to exhaust the stocks which is lying with it.
CS (COMM) 177/2022 & 362/2022 Page 11 of 13 Signature Not Verified Digitally Signed By:Devanshu Signing Date:04.06.2022 22:58:518. Defendant No.1 has, as a goodwill gesture and in view of the costs incurred by the Plaintiff, agreed to pay a sum of Rs.50,00,000/-. The said amount shall be paid in the following manner:
i. Rs.5,00,000/- shall be deposited with the Prime Minister's National Relief Fund by 15th July, 2022. ii. The remaining Rs.45,00,000/- shall be paid to the Plaintiff in two instalments. The first instalment of Rs.22,50,000/- shall be paid by 31st July, 2022 and the second instalment of Rs.22,50,000/- by 15th September, 2022.
9. The said amount shall be handed over by way of demand drafts in the name of 'Campus Activewear Limited' to ld. counsel for the Plaintiff.
10. In view of the orders passed, both the e-commerce platforms shall ensure that after 30th September, 2022 none of Defendant No.1's designs which are impugned in the present suit are available on their e-commerce platforms. If there are any listings of the said products on the said e- commerce platforms after 30th September, 2022, the Plaintiff is free to provide the URLs to the said platform, which shall than delist the listings expeditiously and, in any case, within 5 working days.
11. Insofar as the changed designs which have been approved by the Plaintiff are concerned, Defendant No.1 is free to sell the same both through its usual distribution network and on e-commerce platforms.
12. In view of the facts and circumstances recorded above, the suits are decreed in the above terms. There shall be no further orders as to damages or costs.
CS (COMM) 177/2022 & 362/2022 Page 12 of 13 Signature Not Verified Digitally Signed By:Devanshu Signing Date:04.06.2022 22:58:5113. Copies of the mediation reports dated 25th May, 2022 and 27th May, 2022 are taken on record. This Court acknowledges the efforts of the ld. Mediator for having expeditiously resolved the matter.
14. The date before the ld. Mediator and before the Court stands cancelled. All applications are also disposed of.
15. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in shall be treated as the certified copy of the order for the purpose of ensuring compliance. No physical copies of orders shall be insisted by any authority/entity or litigant.
PRATHIBA M. SINGH, J.
JUNE 03, 2022 dj/sk CS (COMM) 177/2022 & 362/2022 Page 13 of 13