In a significant anti-counterfeiting action, the Hon’ble Delhi High Court granted an ex-parte ad-interim order in favour of KT&G Corporation concerning large-scale infringement of the ESSE family of trademarks.
After considering the material placed on record, the Hon’ble Court appointed twelve Court-appointed Local Commissioners to visit and inspect the defendants’ premises and seize counterfeit products bearing KT&G’s registered trademarks. The Court also extended relief against unknown entities by passing a John Doe order.
As per the Hon’ble Court’s directions, the Local Commissioners were empowered to conduct search, seizure, and inspection proceedings with police assistance. Their mandate included seizure of counterfeit goods bearing the impugned ESSE trademarks, packaging, promotional and advertising material, inspection and recording of accounts and business records, videography and photography of the execution proceedings, breaking open of locks where access was denied, and taking action at any additional premises discovered to be storing counterfeit products.
Pursuant to these directions, simultaneous raids were conducted across Delhi NCR, resulting in the seizure of large quantities of counterfeit tobacco products. The inspections revealed absence of proper records and documentation, reinforcing the Hon’ble Court’s prima facie finding regarding the illegal and unauthorised nature of the trade. The John Doe order further enabled action against additional premises identified during execution.
The order underscores the importance of swift judicial intervention and coordinated enforcement in combating counterfeiting, safeguarding consumer interests, and protecting valuable intellectual property rights.
The matter was successfully handled by the litigation team at S.S. Rana & Co.
KT&G Corporation was represented by Senior Advocate Mr. Chander Lall, assisted by Mr. Vikrant Rana, Managing Partner, Ms. Lucy Rana, Managing Partner, Ms. Rima Majumdar, Managing Associate, and Ms. Deboleena Dutta, Associate at S.S. Rana & Co.