Minda Spectrum Advisory Limited & Ors. vs Jagdish Kumar & Anr. on 21 March, 2025
42. What emerges from the aforesaid analysis is that the defendants have
Signature Not Verified
Digitally Signed CS(COMM) 762/2023 Page 15 of 17
By:DHARMENDER SINGH
Signing Date:28.03.2025
17:38:08
violated the undertaking given in the previous suit and are habitual
infringers who have continued to infringe the registered marks of the
plaintiff marks. Even the conduct of the plaintiff in defending the present
suit shows that the defendants have no remorse. Therefore, in my view,
compensatory damages alone would be inadequate to compensate the
plaintiffs. Thus, applying the principles of Rookes v. Barnard (supra), as
affirmed by the Division Bench in Hindustan Unilever v. Reckitt Benckiser
(supra) and the Co-ordinate Bench in Whatman v. P. Mehta (supra), the
present case is a fit case for awarding exemplary damages.