THE LIBMAN COMPANY vs SHANKARLAL TALASARAM CHOUDHARY AND OTHERS

Judgment text excerpt

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27th February, 2025 + CS(COMM) 290/2023 and I.A. 36365/2024 THE LIBMAN COMPANY .....Plaintiff Through: Mr. Prithvi Gulati and Mr. Ritwik Marwaha, Advocates versus SHANKARLAL TALASARAM CHOUDHARY AND OTHERS .....Defendants Through: CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) CS(COMM) 290/2023 and I.A. 36365/2024 (under Order XIII-A of the Code of Civil Procedure, 1908 seeking summary judgment) 1. The present suit has been filed seeking relief of permanent injunction restraining the defendants from passing off of their goods as those of the plaintiff along with other ancillary reliefs. PLEADINGS IN THE PLAINT 2. The plaintiff is a privately held company established in 1896 in United States and originally started manufacturing wire-wound corn brooms. The plaintiff currently manufactures and sells a broad range of brooms, mops and other household cleaning supplies including brushes, sponges, scrubbers and cleaning tools under its trade marks LIBMAN and Signature Not Verified Digitally Signed CS(COMM) 290/2023 Page 1 of 9 By:AANCHAL TAGGAR Signing Date:04.03.2025 12:47:10 (hereinafter ‘LIBMAN marks’). 3. The plaintiff’s LIBMAN marks have been continuously and extensively used at least since 1971 in the United States. The LIBMAN marks have been registered in several countries including United States, Canada, Australia, Russia, China and Mexico, a list of which is given in paragraph no.11 of the plaint. 4. In the past five years, the plaintiff has made global sales of at least over USD 300 million per year and estimates global sales of USD 350 million in the fiscal year 2022-23 alone. 5. The plaintiff’s products under the LIBMAN marks are widely available for sale in India on Amazon (www.amazon