New Delhi, Jun 3 (IANS) The Delhi High Court has passed an interim order in favour of luggage bag manufacturer Mokobara in a trademark suit and restrained defendants from producing identical products.

A bench of Justice Amit Bansal was hearing a suit filed by Mokobara seeking relief of a permanent injunction restraining the defendants from infringing its registered device mark and passing off of its trade dress, along with other ancillary reliefs.

Issuing summons on the plaintiff’s suit, the High Court ordered that the defendants will file the written statement within thirty days.

“Along with the written statement, the defendants shall also file an affidavit of admission/denial of the documents of the plaintiff, without which the written statement shall not be taken on record,” it ordered.

The Delhi HC took note of the submission that the defendants’ suitcases are available for sale on its website in various sizes and colours, and the said suitcases were also being advertised on social media platforms.

As per Makobara’s suit, the defendants have copied every single aspect of the plaintiff’s suitcases including the its registered device and the distinct elements of its trade dress, including the unique colour combinations, eye-catching piping, horizontal ridges, placement of the registered device, the yellow-checkered inner-lining with squares bearing the letter ‘m’.

Makobara, a company incorporated in 2019, stated that the plaintiff is a new-age luggage bag manufacturer which gives priority to premium and durable quality with uber-cool aesthetic design.

Due to well-crafted quality products, Makobara has garnered immense recognition amidst the industry within a short span of time, the suit added. Further, it said the plaintiff has become one of the most prominent players in the luggage bag industry, providing a complete portfolio of luggage bags, suitcases, cabin suitcases, duffle bags, backpacks, luggage sets, tote bags, wallets, pouches, etc.

Makobara claimed that it has also received several awards over the last few years and has been the subject of unsolicited media coverage in both electronic and print media.

In its order, the single-judge bench ruled that the plaintiff has established its statutory rights over its registered device and common law rights in its trade dress.

“In my prima facie view, the use of the device is confusingly similar to the registered device of the plaintiff and amounts to infringement of the plaintiff’s rights. Also, the impugned trade dress is virtually identical to that of the plaintiff’s trade dress and therefore violates the Plaintiff’s common law rights,” said Justice Bansal’s Bench.

It said that a prima facie case is, thus, made out on behalf of the plaintiff, and irreparable injury would be caused to Makobara if the defendants continue to use the impugned device and the impugned trade dress in relation to their products.

Accordingly, till the next date of hearing, the Delhi High Court restrained the defendants from using any logo which is deceptively or confusingly similar to the plaintiff’s registered device.

–IANS

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