High Court in Delhi issues a permanent ban on the 'SADDA PIND' brand and orders the defendants to pay a fine of INR 2,00,000.
Title: When Going After Someone Else's Trademark: The Untold Cost
Hey there! Let's dive into a juicy tale about a clash between JMD Heritage Lawns Private Limited, the proud proprietor of the trademark SADDA PIND, and Ankit Chawla, the proprietor of Sadda Pind Restaurant. You might be wondering, "What's the big deal?" Well, delicious food and trademark theft don't mix in this one!
Ankit, who runs a restaurant in Rajasthan using the SADDA PIND mark, got on JMD's bad side when his device mark looked an awful lot like the original. Despite claiming to use "5ADDA PIND," people couldn't help but notice the resemblance to the plain "SADDA PIND" mark.
The Delhi High Court heard the clamor and, on October 7, 2022, granted an ex-parte relief to JMD, ordering Ankit to stop using any mark that looked identical or deceptively similar to SADDA PIND in relation to restaurants, accommodations, hotels, entertainment services, or any related services.
But Ankit, being the relentless sort, didn't exactly follow the court's orders. He changed his restaurant's online listing to "5ADDA P1ND," replacing the letter "I" with the number "1." Chutzpah at its finest!
Feeling cheated, JMD moved the issue forward in court, claiming Ankit's contumacious and wilful non-compliance. Ankit, on the other hand, tried to wiggle out of the mess by stating that he had renamed the restaurant "The Punjab Village" and promised to stop using JMD's trademark.
However, JMD's clever lawyers argued that Ankit had infringed on their registered trademark and shouldn't skate by unscathed. The court agreed, noting that Ankit showed no remorse for the initial infringement and continued with the infringing activity despite being served a cease-and-desist letter and getting a court order.
The result? A stern reprimand for Ankit! The court decreed the following:
- A permanent injunction forbidding Ankit from using the SADDA PIND mark or similar deceptive ones.
- Ankit had to remove any references to JMD's trademark from all websites and listings.
- Ankit was ordered to pay a hefty fine of INR 2,00,000 to a charity working for underprivileged slum children.
- Ankit was also told to discontinue his trademark application no. 5301187 and file an application for withdrawal at the Trade Marks Registry in just 8 weeks.
Why, you ask, such a harsh punishment? Well, because Ankit's intentional misdeeds dragged JMD into unnecessary litigation and wasted the court's valuable time. Lesson learned, right Ankit?
Want to read the whole ruling? Check it out here.
Moral of the story? Respect others' intellectual property, or you'll pay a hefty price! Keep it classy, folks!
The court ordered Ankit Chawla to pay a fine of INR 2,00,000 to a charity for his contumacious and wilful infringement of JMD Heritage Lawns Private Limited's trademark, SADDA PIND, in relation to various services such as restaurants, accommodations, hotels, entertainment, and any related services. JMD's finance department will be managing the payment for this fine.
