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Delhi High Court awards ₹3.85 crores to Whatman International Ltd.
Trademarkclick .com 11 Apr 2019

Delhi High Court awards ₹3.85 crores to Whatman International Ltd.

On 4th February 2019, the Delhi High Court awarded ₹3.85 crore to Whatman International Ltd. in a Trademark infringement lawsuit. Whatman International is a healthcare company specialising in laboratory filtration products and separation technologies. Whatman Internation was founded by James Whatman in 1740 and is named after the founder himself. The company owns the mark ‘Whatman’ which it uses to sell its products.

The company came to know that infringers were using Whatman Trademark to produce, sell and market counterfeit Whatman products in India, such activity came to the company’s notice in 1992 and after that in 2005. The defendants had given multiple undertakings to the company to stop the activity of such infringing nature, however, they continued to infringe on Whatman Trademark, and in the light of the issue, Whatman International approached the Delhi High Court.

A team of police officers were sent to the factory location of the defendants. At the factory the police seized multiple counterfeit Whatman Products; however, the company claimed that Whatman International does not have any reputation or goodwill in India due to which they cannot claim exclusivity over the Whatman Trademark in India.

However, the Court felt otherwise and decreed the suit in favour of the company and further stated that the chronology of events shows illegalities, repeated violations and disobedience of undertakings from the defendant’s side. Thus, the Court held that defendants were ‘deliberate and conscious’ hence, deserve to be punished under the law. The Court awarded 3.85 crores to Whatman International and directed the defendants to pay such amount within 3 months.

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