Perma Healthcare Settles Infringement Case in Five Days
16 October 2012
Perma Healthcare, exclusive importers of ‘Seatone’ capsules manufactured by Vitaco Health NZ of New Zealand, hired Luthra & Luthra Law Offices for a case pertaining to the illegal use of their trademark ‘Seatone’ by an unknown person.
The infringing product was sold through websites; the product displayed on the accused person’s website was entirely different from what was being supplied, according to a statement issued by Luthra & Luthra.
The firm’s anti-piracy and anti-counterfeiting team briefed the court as well as the Economic Offenses Wing – Crime Branch, Delhi Police, regarding the modus operandi of the accused, and a trap was laid. “Everything was planned in detail including the serial number of currency notes against which the infringing product was purchased,” said a firm representative. “An order was placed and the accused was intercepted at the point of transaction and arrested.”
The matter was settled with the accused wherein he furnished an undertaking before the High Court acknowledging the IP rights of Perma Healthcare and an undertaking that he will not engage in any infringing act henceforth. The accused also paid a sum of Rs500,000 (US$11,200) as damages; the case was completed in five days.
Senior partner Vijay Sondhi, senior associate Jay Bhardwaj and associate Amit Upadhyay advised Perma Healthcare.
