Delhi HC Restrains Various Entities From Selling Goods Bearing The Trade Marks “Aquaguard” Of Eureka Forbes Limited
LIVELAW NEWS NETWORK
8 Jun 2023 5:49 PM GMT
Grating relief to Eureka Forbes Limited, a Portfolio company of Advent International, a global private equity firm, the Delhi High Court, Vide its Order dated May 23, 2023 has restrained several entities (both offline and online) from selling counterfeit/infringing goods such as filters, spares and consumables bearing the trade marks “Aquaguard”, “Aquasfilter”, and “Active Copper Maxx” of Eureka Forbes Limited (EFL).
Based on the averments and submissions made on behalf of the Eureka Forbes Limited (EFL), Justice Amit Bansal was of the opinion that a prima facie case has been made out on behalf of the EFL, and the balance of convenience is in their favour. Justice Bansal further opined that irreparable harm would be caused not only to EFL, but also to the public at large if an ex-parte ad interim injunction is not granted in favour of EFL.
The court granted the plaintiff, the permission to appoint local commissioners to visit the premises of defendants to inventorize and seize the stocks bearing impugned mark without affecting advanced service to the defendants.
Eureka Forbes Limited has filed four such suits for restraining various entities including but not limited to manufacturers, dealers, distributors from engaging in manufacturing, sale and distribution of counterfeit/infringing filters, spares and consumables and directed some online marketplaces to takedown listings of sellers on these platforms from selling counterfeit/infringing filters, spares and consumables bearing the trade marks “Aquaguard”, “Aquasfilter”, and “Active Copper Maxx”.
Eureka Forbes Limited was represented by Mr. Amit Sibal, Senior advocate with Mr .Hemant Daswani, Ms. Saumya Bajpai, Mr. Saksham, Dhingra, Mr. Darpan Sachdeva and Mr. Sarabjeet Singh, advocates.
Title: EUREKA FORBES LIMITED (FORMERLY FORBES ENVIRO SOLU v. FLIPKART INTERNET PRIVATE LIMITED AND ORS
Citation: 2023 LiveLaw (Del) 507
Read/download the orders:
Eureka Forbes Ltd versus Flipkart Internet Private Limited And Ors
Eureka Forbes Ltd Versus Santosh Nath And others
