Delhi High Court Awards ₹15 Lakh to Tommy Hilfiger in Trademark Case Against Kolkata Trader Selling Fake Products
Court Finds Clear Trademark Infringement and Passing Off by Trader
Ruling Strengthens Brand Protection and Consumer Rights in India
By Our Legal Reporter
New Delhi: December 08, 2025:
In a landmark intellectual property ruling, the Delhi High Court has awarded ₹15 lakh in damages to Tommy Hilfiger after finding a Kolkata-based trader guilty of selling counterfeit products under the globally recognized fashion brand’s name. The judgment, delivered by Justice Tejas Karia on November 28, 2025, reinforces the importance of protecting trademarks and consumer rights in India’s growing retail and fashion market.
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Background of the Case
- The Plaintiff: Tommy Hilfiger, a globally known lifestyle and fashion brand with significant goodwill and sales in India.
- The Defendant: Partha Chatterjee, operating under the name Denim India, accused of selling fake Tommy Hilfiger products.
- The Allegation: The trader was found using registered marks such as TOMMY HILFIGER, TOMMY, TOMMY SPORT, TOMMY GIRL, and related logos on counterfeit goods.
- Court Proceedings: In December 2018, the Delhi High Court granted an ex parte ad interim injunction after the defendant failed to appear despite repeated notices.
- Final Judgment: The Court ruled in favour of Tommy Hilfiger, awarding damages and costs, and restraining the trader from further infringement.
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Court’s Observations
Justice Tejas Karia made several important observations:
- Trademark Infringement: The defendant’s use of Tommy Hilfiger’s registered marks on fake goods constituted clear infringement.
- Passing Off: Consumers were deceived into believing the counterfeit products were associated with the brand.
- Consumer Protection: Selling fake products harms consumers who pay for branded goods but receive inferior quality.
- Damages Awarded: ₹15 lakh was awarded to Tommy Hilfiger to compensate for loss of goodwill and litigation costs.
- Permanent Injunction: The trader was permanently restrained from using Tommy Hilfiger’s marks or logos.
Wider Legal Context
- Trademark Law in India: Governed by the Trademarks Act, 1999, which protects registered marks against infringement and passing off.
- Consumer Rights: Counterfeit goods not only harm brands but also mislead consumers, making enforcement critical.
- Past Precedents: Indian courts have consistently awarded damages and ordered destruction of counterfeit goods in similar cases.
- Global Impact: The ruling aligns India with international standards of intellectual property protection, boosting investor confidence.
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Implications of the Ruling
- For Brands: Strengthens protection of global brands operating in India, ensuring their goodwill is safeguarded.
- For Traders: Sends a strong message that selling counterfeit goods will attract heavy penalties.
- For Consumers: Reinforces the right to genuine products and protection against deception.
- For Judiciary: Demonstrates proactive enforcement of intellectual property rights in India.
Industry and Expert Reactions
- Legal Experts: Welcomed the ruling as a strong precedent in trademark enforcement.
- Fashion Industry: Saw the judgment as crucial for protecting brand reputation in India’s competitive retail market.
- Consumer Groups: Applauded the decision for safeguarding buyers from counterfeit goods.
- Public Opinion: Many argued that stricter penalties and criminal prosecution should accompany civil damages in counterfeit cases.
Conclusion
The Delhi High Court’s award of ₹15 lakh damages to Tommy Hilfiger against a Kolkata trader selling fake products is a landmark in India’s intellectual property jurisprudence. By recognizing trademark infringement and passing off, the Court has reinforced the importance of protecting brand goodwill and consumer rights.
This ruling will serve as a precedent for future cases, ensuring that counterfeit traders face strict consequences and that India continues to strengthen its intellectual property enforcement framework.
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