The Delhi High Court ruled in favour of YKK Corporation, ordering a permanent injunction against and destruction of counterfeit goods being made and sold by the defendants.
YKK Corporation (plaintiff), owner of the YKK trademark, sought legal recourse upon discovering sales of counterfeit YKK zippers and fasteners.
The Delhi High Court granted an ex parte ad interim injunction against the defendants manufacturing and trading in the counterfeit goods. It also appointed local commissioners to inventorise the counterfeits, take these into custody, inspect books of account and discover any other locations where the goods were being manufactured or sold.
The raids by the court-appointed commissioners yielded 11000 counterfeit products.
The defendants entered appearance through counsel and two of the defendants filed their statement in defence, however the court found no merit in the defences. Eventually all the defendants were proceeded ex parte and the court granted a permanent injunction in favour of the plaintiffs noting the clear and evident case against the defendants which did not require the leading of ex parte evidence by the plaintiff. The court also ordered destruction of the seized goods and awarded Rs. 500,000 towards costs of the suit to the plaintiff.
YKK Corporation and anr v Zubi Khan & Ors; CS (OS) 366/2015 before the Delhi High Court