Delhi High Court grants injunction in an ex-parte suit, but avoids awarding punitive damages and well known status

In a recent case Verizon Trademark Services LLC (Plaintiff) &Ors v. Mr. Parth Solanki &Anr (Defendents) reported in 2018 (73) PTC 192 [DEL], the Hon’ble High Court of Delhi was confronted with the issue of infringement of Plaintiff’s trademark VERIZON by Defendant’s trademark VARIZON. The court issued a permanent injunction to restrain Defendants from infringing the Plaintiff’s VERIZON mark by using the mark VARIZON, , , or any other deceptively similar mark. The Plaintiff also pleaded  to award punitive damages and also declares its mark VERIZON as well-known. However, the Court was of a different view and did not award any punitive damages as the Plaintiff failed to prove  damages and  losses suffered. Further, the court also restrained itself from declaring the Plaintiff’s mark as well-known.

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