New Delhi: The Delhi High Court has restrained local firms from manufacturing and selling counterfeit products bearing ‘Garnier´ trademark.
“In case ad interim orders are not granted at this stage, irretrievable prejudice would be caused to the plaintiff (Garnier) as defendants would be passing off their goods as that of Garnier, affecting its reputation,” a bench headed by Justice Sanjay Kishan Kaul said while passing the order.
“It is directed that till the next date of hearing, the defendants shall not manufacture or sell any product under the trade-mark ‘Garnier´,” the Bench said.
The court has also directed the Collector of Customs to notify all ports of India that no firm other than Garnier or its authorized representatives be permitted to import products bearing the trademark of the international brand.
In its petition, cosmetics major Laboratoire Garnier had contended that local firms, besides manufacturing the goods, are also importing counterfeited goods. Hence, they should be prohibited from importing such impugned products, it asked.
Pointing out that Garnier has exclusive rights over the trademark, the Paris-based company said that packaging of local manufacturers’ products is same as its own, which may lead to customers mistaking counterfeit products to be those of Garnier’s.
The defendants have gone to the extent of making a misrepresentation by proclaiming on the product carton that they are manufacturing the products in London, Garnier said.