Court passes judgment without requiring evidence

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Delhi High Court recently allowed a suit for a permanent injunction against the defendant to restrain the use of plaintiff’s registered trademark “SanDisk”, which is one of the largest dedicated providers of flash memory storage solutions in the world.

In Sandisk LLC & Anr v Memory World, the defendant was an unauthorized third-party selling counterfeit microSDHC cards bearing the mark “SanDisk” in locally printed packaging. The plaintiff filed a civil suit for a permanent injunction restraining infringement of the trademark, rendition of accounts, damages etc, against the defendant.

Delhi High Court initially granted an ex parte ad interim injunction against the defendant to make an inventory, and after taking custody of all infringing products and their packaging, returned the infringing goods to the defendant for safekeeping. The defendant initially appeared and then proceeded ex parte.

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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

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