The case in hand, being one of a kind, has been a remarkable one for the team of R.K. Dewan & Co. as they were not only successful in appointment of Second Local Commissioner for continuous/repetitive violation of the Hon’ble Court’s injunction order dated 23.08.2022 by the Defendants but also an unconditional and unqualified apology from the Directors of Laxmi Publications was tendered along with an undertaking not to indulge in any activity that may amount to the breach of the orders passed by the Court.

CASE BACKGROUND

Eduspark; a well-known school chain  which imparts high quality education from Play school to Higher Secondary came to know that Laxmi Publications Private Limited was infringing its well-known trade mark  by copying a deceptively similar trade mark “ " for identical goods i.e. educational books for kids through its interactive websites www.laxmipublications.com & www.vibgyorbooks.com and also, via various e-commerce platforms.

After examining the competing marks and contentions made out, the Delhi High Court was pleased to pass an ex-parte ad-interim injunction vide order dated 23.08.2022 in favour of Eduspark restraining the publication house from using the impugned mark in any manner whatsoever. The Hon’ble Court was further pleased to appoint a local commissioner to seize all the infringing products/goods bearing the trademark 'VIBGYOR' along with any packaging material, labels, blocks, dies etc. and make an inventory of the same.

The Commission was successfully executed on 29.08.2022 and the local commissioner took charge of a total of 2216 infringed books/goods bearing the mark “ ”.

WILFULL DISOBEDIENCE AND APPOINTMENT OF SECOND LOCAL COMMISSIONER

Soon thereafter, Laxmi Publications were found to be in breach of the restraining orders passed against them as they continued to advertise and sell the infringing books on their official online portals  i.e. www.laxmipublications.com & www.vibgyorbooks.com as well as through third-party e-commerce websites including Amazon, Flipkart and like in utter disobedience of an ex-parte ad-interim injunction/ stay order .

Being aggrieved by such blatant disobedience and flouting of the Court’s order, Eduspark filed an application under Order 39 Rule 2-A CPC against Laxmi Publications.  

In addition to the above, Eduspark also moved an application for appointment of Second Local Commissioner to conduct a raid at the premises of Laxmi Publications as well as at its authorised distributor located at Hyderabad. It is a matter of appreciation that the Hon’ble Court passed an order to conduct further raid by appointing two local commissioners discreetly and without issuing notice to the Defendant in an on-going/pending matter considering the sensitivity of the continuous infringing activities by Laxmi Publications. The Hon’ble Court directed to the local commissioners to conduct the raid and seize infringing material simultaneously at the two premises i.e. at premises of Laxmi Publications situated at Daryaganj, Delhi as well as at its authorised distributor situated at Hyderabad, Telegana along with police protection.

The Second Local Commission was effectively executed on 21.01.2023 and various catalogues of books including catalogue for the year 2023 bearing the infringing mark were seized from the premises of Laxmi Publications.

UNCONDITIONAL AND UNQUALIFIED APOLOGY BY THE DIRECTORS OF LAXMI PUBLICATIONS

The Hon’ble Court strictly directed to the contemnors/ Laxmi Publications to file an affidavit for unconditional and unqualified apology after considering all the aspects for the conduct of disobedience on the part of Contemnors i.e. Directors as well as Authorised Representative of Laxmi Publications.

It is no doubt that Court orders are to be followed to the letter. One cannot plead the ignorance of the contents of the restraining orders passed against them after having the knowledge of the same.

SUCCESSFUL ENFORCEMENT

Trademarks are an important form of intellectual property that provide protection to businesses and individuals who have created a unique brand. As such, it is crucial that the rights of trademark owners are recognized and respected. Through the present case, the Delhi High Court duly recognised the rights of Eduspark in its trademark “VIBGYOR” being prior adoption and registration, and restrained Laxmi Publications from infringing the same vide its judgment/order dated 10.04.2023. Such recognition not only helps the Trademark owners to protect their brand but also make sure that the infringers are not pardoned easily.

Non-compliance of injunction orders in trademark cases can result in significant harm to the trademark owner's reputation, market share, and financial well-being. It can also lead to confusion among consumers, who may mistake the infringing products or services for those of the legitimate trademark owner. This can ultimately lead to a loss of trust and goodwill in the marketplace.

The directives of an injunction must be given due regard, and any failure to comply with them will not only invite the wrath of the court but also lead to negative consequences. The court may take action to prevent the defaulting party from continuing to act contrary to the injunction, in order to deter similar conduct in the future.

However, the tussle of the right holder does not end here and one should be vigilant to watch the infringing activities even after a successful enforcement on day-to-day basis in order to initiate timely action against any breach by the infringers.

The judgment dated 10.04.2023 can be read here.

Case Title: Eduspark International Private Limited vs. Laxmi Publications Private Limited

Case No.: CS (COMM)-573/2022