The Delhi High Court has passed a decree in favour of Titan Company granting permanent injunction against two sellers and Snapdeal from selling counterfeit Titan & Fastrack branded watches and directed granting costs of Rs 1,50,000 each, the company said in a statement on Tuesday.
The Delhi High Court has passed a decree in favour of Titan Company granting permanent injunction against two sellers — Rohit Kumar Jain and Dharam Pal — and Snapdeal from selling counterfeit Titan & Fastrack branded watches and directed granting costs of Rs 1,50,000 each, the company said in a statement on Tuesday.
This means that the two sellers are directed by the court to stop selling counterfeit watches of the two brands.
The decree came on August 23 further to the order passed by the Delhi High Court on July 29, 2019 with respect to the suit filed by Titan against the two sellers alleging that the said sellers were selling counterfeit or infringing Fastrack watches on Snapdeal. In the July 29 order the court had directed Snapdeal that immediately upon receiving complaint from Titan with respect to the URLs selling counterfeit goods of Titan, Snapdeal should remove such URLs.
S Ravi Kant, CEO (watches & accessories), Titan Company Limited said, “We welcome the order passed by the Hon’ble High Court of Delhi. As stated in the past, at Titan, our primary focus is on safeguarding the interests of our consumers and we will not compromise on the quality and experience with our products.”
In addition, the court has directed Snapdeal to file its written statement within the prescribed time and also furnish an affidavit with particulars of all the goods sold on its portal under the marks TITAN and FASTRACK.
“The sale price thereof collected and the amount appropriated by Snapdeal to itself and the amount disbursed to the so-called sellers of the said goods. The court directed the said particulars to be given with effect from 1st January, 2018,” the statement said.
This case is sub-judice and the next date in the matter is February 20, 2020.
UPDATE | Snapdeal’s Statement:
Snapdeal is an intermediary, connecting independent third-party sellers with buyers. Snapdeal, through its anti-counterfeiting program, Brand Shield, works closely with many brands, including with Titan, to quickly and efficiently take down listings identified by them as counterfeits.
Brand Shield provides brands with a single-point contact to ask for the takedown of identified listings in a structured manner. In the past, many such listings have been removed from the platform basis information from Titan.
Snapdeal has zero-tolerance for any unscrupulous sellers mis-using the platform to sell counterfeit goods in violation of the rules governing the use of the marketplace. It continually weeds out sellers who misuse the platform – earlier this year, 8000 such sellers were barred from the marketplace. Appropriate data is also shared with brands to support them in the efforts towards the protection of their intellectual property rights
Snapdeal welcomes the order of the Hon’ble High Court, which reiterates the crucial distinction between the marketplace and the sellers and its directions in this regard will help us expeditiously take action against offenders
Snapdeal remains committed to devising and implementing measures, which protect the interests of honest sellers, buyers and brands.