Delhi High Court - Orders
Montblanc Simplo Gmbh vs Montblancindia.Com & Ors on 24 July, 2020
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
I.A.Nos.5449-54/2020
+ CS(COMM)No.732/2019
MONTBLANC SIMPLO GMBH ....Plaintiff
Through : Mr. Manish Biala and Mr. Devesh
Ratan, Advs.
versus
MONTBLANCINDIA.COM & ORS. ....Defendants
Through : None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 24.07.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A.Nos.5450-51/2020 & I.A. Nos. 5453-54/2020
1. Allowed, subject to the plaintiff curing the deficiencies referred to in the captioned applications within five days of the lockdown qua this Court being lifted.
I.A. No. 5452/20202. Mr. Manish Biala, who appears on behalf of the plaintiff, says that he does not wish to press the captioned application as the relief prayed for is covered in a subsequent application moved by him.
3. The captioned application is, accordingly, disposed of as not pressed.
CS(COMM)No.732/2019 page 1 of 3 Signature Not Verified digitally signed byVIPIN KUMAR RAI signing date26.07.2020 08:01 I.A. No. 5449/2020
4. Mr. Biala says that the captioned application has been moved as even after passing of the injunction orders dated 24.12.2019, 13.05.2020 and 23.06.2020, defendant nos. 1 to 10 are carrying on their illegal activities and, hence, duping the public at large by offering for sale counterfeit products bearing the plaintiff's registered trademark.
4.1 Mr. Biala contends that the proceeds of sale of such counterfeit products, inter alia, have been channelled into two bank accounts, the details of which are given in paragraph 4 of the captioned application. 4.2 Besides this, according to Mr. Biala, defendant nos. 1 to 10 have also launched a website i.e. www.vertuindia.co.in in disregard of the orders passed by this Court.
4.3 Mr. Biala says that via the said website, defendant nos. 1 to 10 are carrying on their illegal activities by supplying counterfeit products bearing the plaintiff's trademark, albeit on a complementary basis, upon purchase of a mobile phone, apparently manufactured by Virtu India. 4.4 In support of his submission, Mr. Biala has drawn my attention to the e-mails received by the plaintiff from its customers.
5. Having regard to the submissions made by Mr. Biala, in my view, in order to protect the interests of the public at large and that of plaintiff the following interim directions need to be issued:
(i) The IDFC Bank/IDFC First Bank will immediately freeze the following bank accounts as mentioned in paragraph 4 of the captioned application.
CS(COMM)No.732/2019 page 2 of 3 Signature Not Verified digitally signed byVIPIN KUMAR RAI signing date26.07.2020 08:01
(a) Account No. 10053301047 in the name of Richemont India Pvt. Ltd. maintained with IDFC Bank.
(b) Account No. 10051914806 in the name of Montblanc Vertu India maintained with IDFC First Bank.
(ii) The Registrar of the domain name www.virtuindia.co.in i.e. GoDaddy.com, LLC is arrayed as a party in the instant matter. The plaintiff will file an amended memo of parties, in that behalf, before the next date of hearing.
(iii) In the meanwhile, GoDaddy.com, LLC will suspend the domain name www.virtuindia.co.in.
6. The captioned application is disposed of in the aforesaid terms.
CS(COMM)No.732/20197. In the meantime, fresh notice shall issue to defendant nos. 1 and 10 as well as the newly added defendant i.e. GoDaddy.com, LLC via all modes including e-mail.
8. Renotify the matter on 18.08.2020 i.e. the date already fixed.
RAJIV SHAKDHER, J
JULY 24, 2020
Aj/KK
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CS(COMM)No.732/2019 page 3 of 3
Signature Not Verified
digitally signed byVIPIN
KUMAR RAI
signing date26.07.2020
08:01