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Delhi High Court Permanently Restrains Gym & Fitness Centre From Infringing CrossFit's Trademark, Imposes ₹10 Lakhs Cost

LIVELAW NEWS NETWORK
9 Sep 2022 5:54 AM GMT
Delhi High Court Permanently Restrains Gym & Fitness Centre From Infringing CrossFits Trademark, Imposes ₹10 Lakhs Cost
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The Delhi High Court recently granted permanent and mandatory injunction in favour of Cross Fit LLC against a gym and fitness centre unauthorizedly using its trademark.Justice Prathiba M. Singh observed that the defendant gym had failed to enter appearance despite service of notice and as such, no ex parte evidence would be required in the matter.The grievance of the Plaintiff was that...

The Delhi High Court recently granted permanent and mandatory injunction in favour of Cross Fit LLC against a gym and fitness centre unauthorizedly using its trademark.

Justice Prathiba M. Singh observed that the defendant gym had failed to enter appearance despite service of notice and as such, no ex parte evidence would be required in the matter.

The grievance of the Plaintiff was that the Defendant is a gym and fitness centre owned and operated by its proprietor Mr. Arun Sharma and is using the identical mark 'CROSSFIT' in respect of identical services relating to gym and fitness. The Plaintiff acquired knowledge of the use of the said mark by the Defendant in September, 2020. The case of the Plaintiff is that the Defendant has been prominently displaying the mark 'CROSSFIT' at its premises, literature, online pages as hashtags since March, 2018.

The Court had granted an ex parte ad-interim injunction in the matter back in October, 2021. Nonetheless, the defendant continued to display the CROSSFIT mark and flouted court orders, incurring a loss of about Rs. 8.5 lakhs to the Plaintiff.

Taking note of such "contumacious conduct" of the Defendant, the Court deemed it fit to issue a show cause contempt notice to the Defendant and imposed a cost of Rs. 10 lakhs in favour of the Plaintiff.

The Court also appointed a Local Commissioner to visit the premises of the Defendant to ensure compliance of the orders by removing any hoardings and any other billboards, signage, display material, brochures, packaging, and literature bearing the mark 'CROSSFIT'.

The matter is listed for hearing on the show cause for contempt on 29th November. 

Case Title : CROSS FIT LLC v RTB GYM AND FITNESS CENTRE

Citation: 2022 LiveLaw (Del) 850

Click Here To Read/Download Order

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