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ARTICLE · 08 MAY 2019

Counterfeiting – No More A Cake Walk

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The Bombay High Court has passed an unprecedented order in Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr (Notice of Motion (L) No 810 of 2019 in COMIP (L) No 383 of 2019) imposing costs ...

IndiaIntellectual Property
Smriti Yadav
Smriti Yadav
Dhiren Karania
Dhiren Karania
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The Bombay High Court has passed an unprecedented order in Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr (Notice of Motion (L) No 810 of 2019 in COMIP (L) No 383 of 2019) imposing costs of INR 5 Crore to be paid by the defendants who were caught counterfeiting the Plaintiff's mark and goods.

Background

By an ex-parte order dated 26 March 2019, the Bombay High Court had restrained Kishor D Jain & Anr (Defendants) from infringing the registered trade-marks 'Nippon Steel' and its variants owned by Nippon Steel & Sumitomo Metal Corporation (Plaintiff). The Bombay High Court had also appointed the Court Receiver to seize the impugned goods (carbon seamless pipes) and make copies of the electronic records of the Defendants. Thereafter, the Court Receiver seized various pipes, inspection certificates and had taken a mirror copy of the entire electronic records of the Defendants' computers/servers which were found at the Defendants premises.

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