The Hon’ble High Court of Delhi has passed a public spirited order in a contempt action instituted by Hermes international which concerns an intellectual property dispute for the larger public good, in preference to the general practice of granting compensation.

Facts

A suit for Permanent injunction was filed by the Petitioners for restraining infringement of Trademark, copyright, Passing Off, disparagement, dilution, tarnishment etc. in relation to its trademarks “HERMES” “Duc Carriage with Horse Logo”, copyright in the photographs of its advertisement and trade dress in its Evelyne Bags. it was found later by the Petitioners that a Restaurant named “Social”in Goregaon Mumbai is using the same “Duc Carriage with Horse logo” of Hermes along with the photographs from Hermes advertising campaigns and the Evelyne bag as a part of its restaurant decor.

The said suit was decreed by the order dated 28th February, 2019 in terms of the undertaking of the social that it is willing to remove the offending mark and photographs and bags without prejudice to its rights and contentions. The undertaking which was given by the Defendants was accepted by the court and the parties were held bound by the same.

Later it was found that Social despte giving its undertaking not to use the lofo and photographs ever again was found using the same logo and photographs to be used in its restaurant and the same was brought to the knowledge of the Hon’ble High Court by the Petitioners. 

The Hon’ble High Court has observed and directed Social to-

  1. Supply whole day midday meal to 10 Government schools, and an NGO called “Bachiyo ka Ghar”in order to emphasize the need for good nutrition for the development of healthy children.
  2. Supply for 1 year, sanitary pads for girls students in the abovementioned institutes on the 5th day of each month. 
  3. Install a reverse osmosis water purifier at the abovementioned NGO. 
  4. Provide 2 tournament size football, to each of the aforesaid institutions and 20 more government schools, as social chooses, in order to promote the spirit of sports to foster friendship and team spirit on the play field.

Therefore, we can see that the order and decree passed by the Hon’ble High Court is highly appreciable as it addresses the needs of underprivileged girls in the country to foster their health, hygiene, nutrition, safety and overall development by utilizing the cost granted to the Petitioner due to the acts of the contemnors.

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