Delhi High Court grants injunction to leading sports and fitness brand YONEX

– Harsh Mishra, student, University of Lucknow

Case Name: Yonex Company Limited & ORS. Vs Sumit Girdhar & Anr.
Name of the Court: Hon’ble High Court of Delhi
Equivalent Citation: CS(COMM) 384/2021 & I.As. 10462-10468/2021
Coram: Hon’ble Justice Jayant Nath
Judgement Date: 23.08.2021
Rule Involved: Order XXXIX Rule 1 Code of Civil Procedure

FACTS

The plaintiff’s company was incorporated in Japan in 1958. The company changed its brand name to YONEX and got various trademarks registered in India under Class 28[1], 25[2], and 18[3]. It is pertinent to mention that the plaintiffs are the leading manufacturer of the racquets and other equipment related to badminton sports.

In December 2019, the plaintiff started receiving complaints regarding the poor quality of racquets sold in the name of YONEX in Delhi and Rohtak. Further investigation revealed that Defendant No. 1 is also involved in such an act following the same FIR registered on 21/12/2019. In January 2021, the plaintiffs started receiving fresh complaints of counterfeiting of the racquets and filed a fresh FIR on 08/01/2021 at the Shahdara Police Station in Delhi.

The police conducted a raid which resulted in the seizure of counterfeited products, and further investigation leads Defendant No. 1 to reveals the name of various manufacturers and wholesalers. One of them is Defendant No.2. Prima facie, it has been established that Defendants are involved in this illegal business.

RELIEF

Justice Jayant Nath of the Hon’ble Delhi High Court restrained the defendants from involving in any business bearing the trademark YONEX or similar to it by way of an ex parte injunction.

[1] Application No. 362562
[2] Application No. 362563
[3] Application No. 362564