TM 25 HOLDING BV vs AKHTAR ALI & ORS.

Judgment text excerpt

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 904/2023 & I.A. No. 25597/2023 TM 25 HOLDING BV .....Plaintiff Through: Mr. Pravin Anand with Mr. Saif Khan, Mr. Shobhit Agarwal and Mr. Prajjwal Kushwaha, Advocates. (M): 7791065506 versus AKHTAR ALI & ORS. .....Defendants Through: Mr. Nitin Mehta with Mr. Arpit Rawat, Advocates for defendant no. 1. CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 19.02.2025 MINI PUSHKARNA, J (ORAL) 1. The present suit has been filed seeking permanent injunction against the defendants from dealing in any manner, in any goods bearing plaintiff's registered „G-STAR‟ trademarks, and/ or any similar trade mark amounting to infringement of registered trademarks of the plaintiff. 2. It is noted that all the defendants in the present suit, i.e., defendant nos. 1 to 6, have been proceeded ex parte. No written statement has come to be filed on behalf of any of the defendants, despite lapse of statutory period. 3. The facts, as canvassed in the plaint, are as follows: Signature Not Verified Digitally Signed CS(COMM) 904/2023 Page 1 of 12 By:AMAN UNIYAL Signing Date:13.03.2025 21:23:46 3.1 The plaintiff, TM 25 Holding BV, is a company incorporated under the laws of Netherlands and is a part of the G-Star Group of Companies (“G- Star RAW”). Founded in the year 1989, the plaintiff is engaged in the business of fashion, design and marketing of jeans, tops and other clothing including luxury accessories. 3.2 The business was initially established under the brand GAPSTAR, which was rebranded as G-STAR in 1994. Since 1996, the plaintiff has continuously and uninterruptedly used its G-Star marks on its products. From 2002, the G-STAR name and logo became integral to its collections and international advertising campaigns. Variations of these tra