WILDCRAFT INDIA LIMITED vs AHMED ALI

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 30th January, 2025 + CS(COMM) 26/2023 & I.A. 41666/2024 WILDCRAFT INDIA LIMITED .....Plaintiff Through: Mr. Pramod K. Singh and Ms. Aastha Sharma, Advocates. versus AHMED ALI .....Defendant Through: None. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) CS(COMM) 26/2023 and I.A. 41666/2024 (under Order XIII-A of the CPC seeking summary judgment) 1. The present suit has been filed seeking relief of permanent injunction restraining the defendant from infringing the trademarks and copyright of the plaintiff and passing off of his goods as those of the plaintiff along with other ancillary reliefs. PLEADINGS IN THE PLAINT 2. The plaintiff, Wildcraft India Limited, was incorporated in 1998 and was converted to a public company in 2022. The plaintiff is primarily engaged in the business of manufacturing, distribution and sale of sporting, outdoor and adventure equipment such as bags, footwear, ruck sacks, rain wear, apparels, face masks, gears, etc. 3. The plaintiff uses its logo ‘ ’ and the marks ‘W95’, ‘HYPA’ and Signature Not Verified Digitally Signed CS(COMM) 26/2023 Page 1 of 11 By:PREETI Signing Date:06.02.2025 14:45:24 ‘HYPASHIELD’ (hereinafter ‘plaintiff’s marks’), independently or with its house mark ‘WILDCRAFT’, on all its products and the same are popular and well-known not only in India but across the world. 4. The plaintiff carries out its business in India, including in Delhi, through its owned showrooms and franchise and advertises its products under the plaintiff’s marks in India and other parts of the world through print and digital media, social media, brochures and packaging of its goods. 5. The plaintiff is equipped with an extended geo footprint of 200+ exclusive brand stores a