Court Blocks Counterfeit Fashion Sales, Upholds Rahul Mishra's IP Rights
Court Blocks Counterfeit Fashion Sales, Upholds Rahul Mishra's IP Rights
The court's decision underscores the judiciary's commitment to protecting intellectual property rights in the fashion industry
The Delhi High Court issues a dynamic injunction in favor of renowned Indian fashion designer Rahul Mishra, safeguarding his copyright and trademark. Justice Amit Bansal prohibited the production, distribution, and marketing of counterfeit gowns and ensembles replicating Mishra's original designs under the registered trademark "Rahul Mishra".
The court's decision came in response to a lawsuit filed by Mishra against unidentified individuals and entities allegedly involved in selling counterfeit dresses at steep discounts on the website www.rahudress.com. Furthermore, his legal team argued that the defendants infringed on his copyright by using identical images and photos of his designs, falsely claiming them to be from the "Rahul Mishra" brand.
The Court observed that he holds the registered trademark "Rahul Mishra" and is the rightful owner of the copyright to his original artistic creations and garment designs. Justice Bansal stated that, "This Court believes that the plaintiffs have shown a strong enough case to grant an ex-parte ad interim injunction, which is also a dynamic injunction. Convenience weighs against the defendants and in favour of the plaintiffs. Denying the interim injunction would result in irreparable harm to the plaintiffs."
As part of the dynamic injunction, the Court directed the Domain Name Registrar (DNR) to immediately freeze and suspend the domain name www.rahudress.com. Moreover, the DNR has been instructed to disclose all available information about the domain's registrants, including names, addresses, phone numbers, email addresses, and IP addresses, to Rahul Mishra and his legal team led by Vikas Mehta, Sarita Singh, and Rahul Unnikrishnan.
