Delhi High Court restrains use of fake Swarovski Zirconia!


CAUTION NOTICE
Delhi High Court restrains use of fake Swarovski Zirconia!

Swarovski, the world-renowned manufacturer of crystals, genuine gemstones, created stones and Swarovski Zirconia and finished products such as jewellery and watches, has intensified its efforts to stop manufacture, market and sale of spurious Swarovski products in local marketplaces throughout the country.

Recently, the Delhi High Court in a lawsuit [Swarovski Aktiengesellschaft Vs. Rakesh Kumar, CS (Comm) 793/2018] passed a judgment/ decree of permanent injunction in favour of Swarovski and against a retailer, namely, Gaurav Gems located in Karol Bagh (Delhi) a hub for jewellery/ gemstones traders, who was selling fake Swarovski Zirconia.

During the proceedings, the court appointed Local Commissioner (LC) carried out a raid action at party’s premises and seized fake Swarovski Zirconia. The court, after considering the LC’s report and submissions/ arguments of both parties, passed a judgement/ order of permanent injunction restraining the party from inter alia trading, selling, marketing, or dealing in any other way, any goods including ‘genuine or artificial precious stones of all kinds, gemstones, genuine and imitation jewellery, ornaments, etc.’ bearing the trade mark Swarovski and/or Swarovski Zirconia and any other trade mark which is deceptively similar to Swarovski amounting to infringement of Swarovski’s statutory rights as well as passing off their goods as and for those of Swarovski’s goods and business.

The court has also directed the party to cover Swarovski legal expenses incurred in this legal action. Swarovski is committed to protecting its brand and its consumers from the fraudulent activities of counterfeiters. The company takes counterfeiting seriously and has been steadily increasing its anti-counterfeiting efforts worldwide.

Unauthorized dealers and suppliers of fake Swarovski products are cautioned that their activities are being closely monitored and suitable action/s will be taken leading to their arrest and seizure of counterfeit products while making them liable for costs and damages.

Lastly, Swarovski recommends to purchase loose crystals, genuine gemstones, created stones and Swarovski Zirconia only from authorized distributor/s against a bill, so as to not end up buying counterfeit products.

Represented by
RNA, IP Attorneys
401-402, 4th Floor, Suncity Success Tower
Sector - 65, Golf Course Extension Road
Gurgaon - 122 005, Haryana
Tel: +91-124-2841222



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