trade mark application, the Defendant has filed
invoices bearing third party clothing brands such as 'Superdry', 'Pull
and Bear', 'Alcott ... indicates that
the Defendants are engaged in the business of selling counterfeit
branded apparels by attaching tags of various third party brands
including that
BAPPG8916F was
involved in illegal import of "counterfeit branded" goods by mis-
describing them as "unbranded" goods. One such consignment ... involved in any act of
smuggling or dealing with counterfeit / branded goods nor had any
nexus with the importer M/s. Atharv Enterprises; Petitioner
differences were sufficient to identify the same as counterfeit
products. Such counterfeit products also include counterfeit brand
extensions not manufactured by plaintiff ... invoice. Plaintiffs have appended colour representations of defendant's
counterfeit products including brand extensions. Plaintiffs have also
produced copy of the investigation report
case of the plaintiffs that recently they came across counterfeit sub-branded as Action containing the same basic ingredients and seeking to have the same ... samples of the counterfeit products of the defendants and the counterfeit cartons and counterfeit strips. The said counterfeit products/cartons/strips of the defendants samples
Shaikh Rafik in the
proximity of period of recovery of counterfeit notes
and the articles like computer, compact disc etc.
::: Downloaded on - 09/06/2013 ... alongwith a toothpaste
tube and one Fair and Lovely brand cream tube by
giving counterfeit currency note of Rs.500/-. That
counterfeit currency note
goods but also has mentioned Plaintiff's other brand
"MARIO" on the counterfeit goods. The registration certificate
bearing Registration No.2580436
differences
were sufficient to identify the same as a counterfeit product and products being
brand extensions of Plaintiff no.2's LAKME range ... Exhibit P to the plaint, colour representations of Defendant's counterfeit
cosmetic preparations bearing the counterfeit marks and pirated artworks as
aforementioned along with
differences were
sufficient to identify the same as a counterfeit product and products being
brand extensions of Plaintiff no.2's LAKME range ... Exhibit P to the plaint, colour representations of Defendant's counterfeit
cosmetic preparations bearing the counterfeit marks and pirated artworks as
aforementioned along with
reveals that he
sells/used to sell counterfeit/replicas of clothes, shoes, watches,
bags of expensive designer brands and a few screenshots to support
sold by the
defendants, are plainly counterfeit products of the applicant/plaintiff's
internationally well-known brand.
6. In my view, the conduct ... defendants can have no defence since the products are ex-facie counterfeit.
7. Hence, in my view, the interim application deserves to be made absolute
