Bombay High Court Grants Interim Injunction Against Unauthorised Online Sale Of CARALL Car Perfume Products
The Bombay High Court has granted an interim injunction against several online retailers and importer Gautam Sanjay Mane, who were accused of selling "CARALL" car perfume products on e-commerce platforms without authorisation from trademark owner Harukado Co. Ltd.
Justice Sharmila U. Deshmukh's May 7 order extended protection that had earlier been granted on April 29 to the remaining parties, none of whom appeared before the court or filed a response despite being served.
Harukado Co. Ltd. had authorised Vimal Enterprises to sell the products in India but told the Court that no authorisation had been granted for online sales.
Harukado and Vimal Enterprises said they discovered through export-import trade data that Gautam Sanjay Mane had imported the products through what they believed was an unauthorised channel.
They further submitted that the imported products were being sold at prices lower than the official price list, suggesting that the goods could be counterfeit, expired, not genuine, or illegally imported by evading customs duty and GST.
The Court noted that the parties who failed to appear had filed no reply to show that the products were genuine, that the imports were legitimate, or that they had authorisation from Harukado to sell the products.
"Considering that the above said Defendants have chosen not to cause any appearance lends credence to the Plaintiff's case that these products may not be genuine products or have been imported in the country by evading custom duty and GST," the Court observed.
It held that in any event, the absence of authorisation for online sales or authority to sell Harukado's products in India constituted unauthorised use and consequent infringement of copyright.
The Court noted that other parties had earlier agreed not to deal in the allegedly infringing goods.
The interim injunction now covers the remaining parties against whom relief was sought, including online retailers, Gautam Sanjay Mane, and an unknown party.
For Harukado: Advocate Rashmin Khandekar a/w Ameet Naik, Madhu Gadodia, Aayush Tainwala, Vinayika Shahi, Jasmeet Kaur and. Fatima Ali i/b Naik Naik & Co.
For Defendants: Advocate Sharma (through VC), for the Defendant No. 4; Advocate Thomas George a/w Neeti Nihal i/b Sairkishna & Associates, for the Defendant No. 6; Advocate Bargavi Baradwaj i/b Saikrishna & Associates, for the Defendant No. 7; Advocate Prateek Pansare a/w Laleh Pandole i/b Vashi & Vashi, for the Defendant No. 8; Advocate Anshul Kochar i/b VJ Juris, for the Defendant No. 10 and 11; Advocate Ronak Shah (through VC) for the Defendant No. 14.