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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