Hon’ble Delhi High Court while dealing with a petition in the case of “Loreal v. Rehman Brothers & Ors.” stated that the Court, on the basis of reports of the commission issued, is entitled to award lump-sum damages and in any case the Court is empowered to award the costs of the suit to the plaintiff.

BRIEF FACTS OF THE CASE

Two suits were filed by the plaintiffs naming CS(COMM) No.333/2018 and CS(COMM) No.334/2018 for permanent injunction restraining the two defendants therein namely Rehman Brothers and Kamieo International from infringing the mark ‘GARNIER’ and  ‘L’OREAL’ respectively  of the plaintiff by embossing the same on the counterfeit goods and passing them off as that of the plaintiff and for ancillary reliefs.

The first suit was brought up before this Court on 18th December, 2007 and the second one on 18th December, 2007. After injunction there were contradictions in the payment of lump-sum amount.

DECISION OF THE COURT

Hon’ble Delhi HC held that the Court, on the basis of reports of the commission issued, is entitled to award lump-sum damages and in any case the Court is empowered to award the costs of the suit to the plaintiff. Court awarded permanent injunction in each of the suits and also awarded costs/damages in the sum of Rs.1,00,000/- in each of the suits.

It was further held by the court that if the defendant No.1 pays Rs.50,000/- in each of the suits on or before 22nd February, 2019, the same shall be accepted in full and final settlement of the decree for damages/costs in the sum of Rs.1,00,000/- in each of the suits and if the said amount is not paid, the damages/costs of Rs.1,00,000/- in each suit will also incur interest at 10% per annum till the date of recovery.  

Full Judgment here:

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