The Delhi High Court is concerned about the "disturbing trend" of lower courts hearing bail requests that are now before the high court.

Delhi High Court grants ₹10 lakh costs to Crossfit in trademark suit; issues contempt notice to owner of Gurugram gym

The proprietor of the infringing gym was held in contempt of court for disobeying the court’s earlier orders, therefore the court granted a permanent injunction in favour of Crossfit.

In a trademark infringement lawsuit brought against a club in Gurugram, the US-based fitness business CrossFit was given 10 lakh in fees by the Delhi High Court on Tuesday. RTB Gym & Fitness Center v. Cross Fit LLC

In addition to granting a permanent injunction in favour of CrossFit, Justice Pratibha M. Singh also filed a contempt of court complaint against the owner of the infringing gym for disobeying the court’s earlier orders.

“At first glance, the defendant’s actions in this case amount to contempt. Send Mr. Arun Sharma, the owner of the defendant, a notice to appear and argue why a contempt action should not be brought, “the Judge commanded.

CrossFit learned in September 2020 that RTB Gym and Fitness Center, a gym in Gurugram, was utilising the same mark, “CROSSFIT,” for fitness-related services. Later, it was discovered that the gym had been using the brand since 2018.

Arun Sharma, the owner of the gym, missed the pre-litigation mediation that CrossFit first tried to use to settle the conflict. The Delhi High Court ordered an interim injunction against Sharma and his gym in October 2021 as a result of the company bringing a lawsuit against them.

CrossFit then filed an affidavit demonstrating that Sharma was still using the mark “CROSSFIT” notwithstanding the court’s directives.

The court stated, “Having knowledge of the injunction ruling on October 29, 2021, the Defendant has chosen not to react or even contest the matter.”

In light of this, the Court determined that CrossFit was entitled to actual expenses. Thus, it directed,

Accordingly, expenses of Rs. 10,000 are granted in the plaintiff’s favour due to the defendant’s flagrant disregard for the court’s directives.

In order for CrossFit to be able to pursue legal recourse, the court ordered the defendant to pay the specified sum within three months.

The Court also gave CrossFit permission to ask internet directories and social media sites to remove the defendant’s infringing listings and posts that use the mark “CROSSFIT.” The Court explained that such middlemen must remove the posts within 48 hours.

Sharma was also served with a notice from the court requesting him to provide justification as to why contempt charges should not be brought against him.

Last but not least, the Court decided it was appropriate to name Advocate Meghna Jhandu as a local commissioner to check on the defendant’s premises to make sure the orders are being followed by taking down any hoardings and other billboards, signages, display materials, brochures, packaging, and literature bearing the mark “CROSSFIT.”

The case’s next hearing is scheduled for November 29, 2022.

Saif Khan and Shobhit Agrawal, attorneys, appeared on behalf of Crossfit LLC.

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