Trademark Infringer Before Delhi HC To Undertake Social Service In Kerala Flood Relief Camps [Read Order]
A trademark infringer before the Delhi High Court recently proposed to undertake community service in the flood relief camp in Wayanad district of Kerala, after unconditionally apologizing for infringing the ‘SanDisk’ trademark.
Justice Manmohan agreed for the infringers to contribute to the camps for a period of two weeks under the supervision of the District Judge, Wayanad, who will be requested to attest to this.
The Court was hearing applications filed under Order XXIII Rule 3 of the Code of Civil Procedure, informing the Court about the compromise of a suit filed by SanDisk LLC alleging infringement of its trademark. The essential terms and conditions of the compromise were listed out by the Court in its order.
The compromise included an acknowledgment that SanDisk LLC is the proprietor of the trademark ‘SanDisk’, ‘SanDisk’ logo and ‘Red Frame’ logo. The infringement was also acknowledged by the defendants, who undertook to suffer the injunction permanently, assuring that they would not use, manufacture, sell, offer for sale such products that infringe the plaintiffs’ trademarks.
The infringers further unequivocally and unconditionally apologized to the plaintiffs and the Local Commissioner for their “contumacious behaviour”. They additionally agreed to voluntarily undertake community service in the flood relief camp in the Wayanad district of Kerala for two weeks.
The Court accepted this arrangement and issued a permanent injunction against the defendants while allowing them to go ahead with the compromise deed.