Delhi High Court: A suit was filed by Bulgari SPA (plaintiff) seeking to restrain the defendants from manufacturing infringing goods alleging trademark infringement and passing off. Sanjeev Narula, J. granted ad-interim injunction in favour of the plaintiffs stating that the plaintiff has made out a prima facie case in their favour and they will suffer an irreparable loss and balance of convenience also lies in their favour.
Bulgari S.P.A, renowned for its innovative jewelry collections, including “SERPENTI” and “B.ZERO1,” filed a suit against The Amaris Flagship Store, alleging infringement of its copyright in the “Serpenti Ocean Treasure Necklace” and passing off of its goods. The Plaintiff claimed to have registered trademarks and copyrights in various jurisdictions, including India, for its designs and collections. The Plaintiff discovered the Defendant’s activities through its website, where it found substantial similarities between its designs and those offered by the Defendant. Despite issuing cease-and-desist notices, the Defendant allegedly continued marketing products resembling the Plaintiff’s designs, prompting the Plaintiff to seek legal recourse.
The Plaintiff asserted ownership over the “SERPENTI” trademark and the copyright in the “Serpenti Ocean Treasure Necklace,” emphasizing its distinctiveness and goodwill associated with its products. The Defendant, trading as The Amaris Flagship Store, was accused of copying the Plaintiff’s designs, including patterns, ornamentation, and overall trade dress, leading to confusion among consumers. During proceedings, the Plaintiff presented evidence of trademark registrations, copyright ownership, and alleged instances of infringement by the Defendant.
The Court examined the evidence presented by both parties, including side-by-side comparisons of the contested designs. It noted striking similarities between the Plaintiff’s “Serpenti Ocean Treasure Necklace” and the Defendant’s “Shield-It Necklace,” suggesting potential copyright infringement. Additionally, the Court acknowledged the Plaintiff’s trademark registrations and previous judicial recognition of its rights. The Court found merit in the Plaintiff’s contentions, acknowledging its prima facie case of copyright infringement and passing off. It recognized the plaintiff’s exclusive rights over the “SERPENTI” trademark and the originality of its artistic works. Moreover, the Court emphasized the importance of protecting intellectual property in the luxury goods industry to maintain market integrity.
Thus, the Court granted the plaintiff interim injunctive relief, restraining the defendant from manufacturing, marketing, or selling products infringing upon the plaintiff’s copyrights and trademarks emphasizing the likelihood of irreparable harm to the plaintiff’s brand if such activities continued unchecked.
[Bulgari S.P.A v. Prerna Rajpal Trading, 2024 SCC OnLine Del 3339, decided on 29-04-2024]
Advocates who appeared in this case :
Ms. Bitika Sharma, Mr. Rishi Bansal, Ms. Anusha Banerjee and Ms. Janhvi Badoliya, Advocates for plaintiff
None for defendants
