Court passes judgment without requiring evidence

0
61

Delhi High Court recently allowed a suit for a permanent injunction against the defendant to restrain the use of plaintiff’s registered trademark “SanDisk”, which is one of the largest dedicated providers of flash memory storage solutions in the world.

In Sandisk LLC & Anr v Memory World, the defendant was an unauthorized third-party selling counterfeit microSDHC cards bearing the mark “SanDisk” in locally printed packaging. The plaintiff filed a civil suit for a permanent injunction restraining infringement of the trademark, rendition of accounts, damages etc, against the defendant.

Delhi High Court initially granted an ex parte ad interim injunction against the defendant to make an inventory, and after taking custody of all infringing products and their packaging, returned the infringing goods to the defendant for safekeeping. The defendant initially appeared and then proceeded ex parte.

The plaintiff pleaded that in view of common law trademark rights, as well as trademark registrations for the mark “SanDisk” in more than 150 countries that the suit be determined because no purpose would be served in leading ex parte evidence in the form of an affidavit from the defendant’s own witnesses.

The high court ordered the suit in favour of the plaintiffs while placing reliance on Order XIII-A of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, which empowers the court to pass a summary judgment without recording evidence, if it appears that the defendant has no real prospect of defending the claim and there is no other compelling reason why the claim shouldn’t be disposed of.

The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.