After considering the arguments, the Court decided that the action taken under Order XXXIX Rule 2A has to be limited to the injunction granted by the Court which has been breached. If the injunction is only with respect to one brand, the Court cannot, in proceeding under Order XXXIX Rule 2A, take into account other brands which may also have been counterfeited by the defendant, Justice Hari Shankar underlined.
The Bench noted that in the present case, the injunction granted was based on a prima facie determination that the defendant is in fact guilty of having counterfeited the LV brand, but there is not even a consideration regarding counterfeiting of any other brand.
“The court cannot, therefore, while exercising jurisdiction under Order XXXIX Rule 2A, return a finding that the defendant is also guilty of counterfeiting other brands. No such presumption can, in law, be drawn. For all one knows, the other brands in which the defendant is dealing may be genuine.”
Source: Barandbench
