The Delhi High Court recently passed an order permanently injuncting a footwear seller from infringing on American Motorcycle manufacturer Harley Davidson’s trademark [HD USA LLC v Vijaypal Dhayal owner/proprietor of Red Rose Industries]..Justice Amit Bansal also ordered the counterfeiter to pay ₹5 lakh in damages to Harley Davidson for copying its mark. “In light of the foregoing analysis, this Court concludes that the defendant’s conduct not only warrants but also necessitates the imposition of both damages and costs. Taking into account the entire facts and circumstances presented in this case, this Court also awards damages and costs amounting to Rs. 5,00,000/- in favour of the plaintiff and against the defendant,” the Court ordered..The order was passed after the Court found that defendant, Vijaypal Dhayal, the owner of Red Rose Industries, had adopted Harley Davidson’s Eagle logo and device mark without authorisation. “The defendant has not only copied the SCREAMING EAGLE/ EAGLE but also copied the outline of the Bar and Shield logo of the plaintiff. The defendant has merely replaced the words ‘HARLEY-DAVIDSON CLOTHES’ with ‘SPORTS CASUAL’ while adopting the impugned mark. The adoption of all the features of the plaintiff’s mark by the defendant makes both the marks structurally and visually similar," the Court observed. It further noted that the defendant was a habitual offender. “A perusal of the online listings of the defendant would show that the defendant is a habitual infringer who is not only selling the products bearing the impugned trade mark but also sells products on third-party websites infringing upon the likeness of other established brands," the order stated. .Harley Davidson had filed a trademark infringement suit against Dhayal in 2023. It was argued that the mark used by the defendant was deceptively similar and was being used to sell clothing items, and products which Harley Davidson also sells. The Court had earlier passed temporary injunction orders against the defendants in September 2023 after a visit by a local commissioner found 640 pairs of shoes bearing the Harley Davidson trademark. Now, the Court has passed a permanent injunction order after noting that the defendant had not filed its written statement..Advocates Ranjan Narula, Shakti Priyan Nair and Parth Bajaj appeared for Harley Davidson. Advocate Arnav Goyal represented the defendant. .[Read Order]
