Vakil Help Desk News: a Delhi commercial court has permanently restrained a trader from selling counterfeit clutch plates and valves under copied 'SHRIRAM', 'SPR' and 'USHA' marks, and awarded ₹1 lakh in damages for trademark and copyright infringement and passing off.
Vakil Help Desk News, IPR. Selling counterfeit auto parts under a maker's marks and packaging attracts both an injunction and damages. A Delhi commercial court so held in Shriram Pistons and Rings Ltd. v. Suneel Kumar, before District Judge (Commercial) Sh. Raj Kumar Tripathi.
The dispute
The maker of engine components alleged that the defendant sold counterfeit clutch plates and valves whose packaging copied its "SHRIRAM", "SPR" and "USHA" marks, labels and trade dress. The defendant did not file a defence and was proceeded ex parte.
What the Court held
- The defendant's use infringed the registered trademarks under Section 29 of the Trade Marks Act, 1999.
- By reproducing substantial features of the plaintiff's artistic label work, the defendant infringed copyright under the Copyright Act, 1957.
- The conduct also amounted to passing off.
- A permanent injunction was granted and ₹1,00,000 awarded as damages.
Why it matters
Counterfeit spare parts are both an IP violation and a safety risk. This decision shows that brand owners can secure an injunction and damages against counterfeiters, especially where the infringement is clearly established.
What this means for you
If your products are counterfeited, register your trademarks and label artwork, document the fakes (samples, invoices, photographs), and sue — courts grant injunctions and damages against counterfeiters. Buyers and resellers of spare parts should deal only in genuine, invoiced stock, as selling counterfeits invites an injunction and damages. We handle anti-counterfeiting actions, raids and recovery.