M/s SKULLCANDY INC Vs M/s SHINE STAR & ANR

On 1st April, 2015 the Delhi District Court recently heard the case of Skullcandy Inc., vs. M/s Sine Star & Anr wherein the Court passed an order of Permanent Injunction in favor of the Skullcandy i.e. (the Plaintiff) and awarded damages at INR. 35, 000/- from each of the Defendants.

Skullcandy is recognized for its quality produced ear-phones and headsets among the general masses. Products sold under the skull insignia are immediately associated with Skullcandy for which it holds a copyright. Recently Skullcandy was made aware of the Defendants activities of selling ear-phones and head-sets bearing the skull insignia of Skullcandy at New Delhi in India. After conducting an investigation of its own, Skullcandy instituted the present suit at the Delhi District Court against the Defendant’s.

During the initial stage proceedings of the case Skullcandy had made an application for the appointment of a Local Commissioner in order to conduct an investigation of the Defendants premises, the said application was approved by the Court. The Local Commissioners investigation of the Defendants revealed and confirmed the fact that the Defendants were in deed selling goods bearing the Skullcandy trademark.

In the present case there are five defendant who have been included in the suit by Skullcandy. None of whom appeared for the suit proceedings except for Defendant No. 4, whose contention for defense was based on the fact that they were not producers of any of the goods bearing Skullcandy’s trademark but were retail sellers of small scale electronics goods. However the Court refuted Defendant No. 4’s defense and since Skullcandy was able to establish its case the Delhi District passed the restrainment order.