• Dr. Mohan Dewan

 Counterfeiting velvet fabric in India is a serious issue that can have a negative impact on both the textile industry and consumers. Velvet is a luxurious and expensive fabric that is often used for clothing, home decor, and accessories. Fake velvet fabric not only deprives genuine manufacturers of their rightful profits but also results in lower-quality products for consumers who may not be able to distinguish between genuine and counterfeit velvet.

Recently, M/s. Sunshine Velvet Private Limited (Sunshine Velvet) represented by R K Dewan & Co., was successful in obtaining an interim injunction against Mr. Ramesh Kumar Jeevraj Luniya trading as M/s Saanchi Velvets and M/s. Saksham Fabrics who were authorized dealers of Sunshine Velvet for infringing its registered trademark and selling counterfeit fabrics of inferior quality manufactured by third parties under Sunshine Velvet’s registered and reputed mark.

Sunshine Velvet is a renowned name in the Velvet industry based in Surat, Gujarat and carries on its business of manufacturing of wide variety of Textiles and Textile Goods and selling extensive array of velvet fabrics including but not limited to Garments Velvets, Devore Velvet, Pigment Printed Velvets, Velvet Fabrics, Crush Printed Velvets, Home Furnishing Fabric With Animal Prints, Designer Velvet, etc. under its registered trademark .

By virtue of its excellent velvet fabrics under its trademark “ ” since its inception, Sunshine Velvet has developed a strong wide network of distributors at major Indian locations in Gujarat, Maharashtra, Delhi, Rajasthan and Haryana and has overall built a wide base of clients over time, which includes exporters as well as.

After conducting an in-depth research and investigation, Sunshine Velvet represented by R K Dewan & Co approached the Delhi High Court seeking permanent injunction to restrain the continuous Trademark Infringement and passing off of its goods under the mark “Saanchi Velvet”. Subsequently, the Hon’ble Court of Mr. Justice Amit Bansal, vide order dated 16.01.2023 granted an ex parte ad-interim injunction in favour of M/s. Sunshine Velvet, restraining Mr. Ramesh Kumar Jeevraj Luniya and others from using the trademark and trade name “Saanchi Velvet Fabrics” and also directed him to take down the sign board bearing the infringing tradename.

Further, the Hon’ble court was pleased to appoint a Local Commissioner to search and seize all the infringing products/ velvet fabrics bearing the trademark “ / Saanchi Velvet Fabrics” and/ or any other mark either identical or deceptively similar to that of the M/s. Sunshine Velvets aforesaid mark along with any packaging material, labels, blocks, dies etc. and make an inventory of the same.

The Local Commissioner successfully conducted investigations at two different locations in Gujarat, India and took charge of 138 velvet fabric rolls bearing the infringing mark “Saanchi Velvet Fabrics” along with the books of accounts, GST returns for the year 2018 to 2021 from both the premises of infringers.


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