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July 18, 2022

Delhi High Court Directs Non-Bailable Arrest Warrant In Trademark Infringement Suit Contempt Petitions

On July 11, 2022, the Delhi High Court directed issuance of a non-bailable arrest warrant against a defendant for “continuously and contumaciously violating the orders of the Court” in contempt petitions filed in trademark infringement and passing off suit Ramada International Inc. v. La-Ramada World Pvt. Ltd. & Anr. [CS (Comm) 470/2021]. Plaintiff Ramada International, Inc. is being represented by ALG India Law Offices LLP.

Earlier, on September 23, 2021, the Court had granted RAMADA an ex parte ad interim injunction against the Defendants’ use of LA RAMADA, which was later confirmed on March 15, 2022. Despite the interim injunction, the defendants continued to use LA RAMADA and its variants through new infringing websites and social media posts, resulting in contempt applications being filed against them. On May 11, 2022, the Court directed issuance of a bailable warrant against the Defendant, noting the brazen violation of the Court orders and his attempt to deny access to infringing materials to the Local Commissioner appointed by the Court. Last week, the Court’s attention was drawn to yet another new website from the Defendants featuring the infringing marks, which the Court accessed and perused during the hearing. The Court directed issuance of a non-bailable warrant against the defendant, observing that “the conduct of the Defendants prima facie constitutes contempt of the orders passed by this Court.” The Court also directed seizure of the financial and accounting records of the Defendants.

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