Delhi HC Imposes ₹1.5 Lakh Damages on Kolkata Trader in Counterfeit Tommy Hilfiger Trademark Infringement Case

The Delhi High Court has held that a case of trademark infringement was made out against a Kolkata-based trader supplying counterfeit Tommy Hilfiger products, observing that the Defendant attempted to ride on the brand’s reputation and deceive consumers. The Court awarded ₹1.5 lakh in damages to Tommy Hilfiger Europe B.V. for the losses caused by the counterfeiting activity.

Justice Tejas Karia found that the Defendant had dishonestly adopted Tommy Hilfiger’s registered marks without authorisation, creating confusion among unsuspecting customers and diluting the brand’s value. 

The Court recorded that the acts attributed to the Defendant were “likely to cause confusion in the course of trade of the Plaintiff, such that the consumers may associate the infringing products with the Plaintiff, leading to erosion of consumer trust and dilution of the goodwill and reputation of the Plaintiff amongst the members of the trade and public.”

“In view of the above, a clear case of infringement of the Plaintiff’s Marks is made out. The Defendant has taken unfair advantage of the reputation and goodwill of the Plaintiff’s Marks and has also deceived the unwary consumers into believing their association with the Plaintiff by dishonestly adopting the Plaintiff’s Marks without any plausible explanation. Therefore, the Plaintiff has established a case of passing off as well,” the Court said.

The suit was filed by Tommy Hilfiger Europe B.V., which argued that the Kolkata trader was supplying counterfeit apparel bearing its registered trademarks, including TOMMY HILFIGER, TOMMY, and TOMMY SPORT. The company said it discovered the infringement during a routine online sweep and later conducted a physical investigation at the trader’s premises, where samples of the knock-off merchandise were obtained.

As the Defendant failed to appear or file a written statement despite being duly served, the Court proceeded ex parte and decreed the Suit in favour of the Plaintiff.

“Accordingly, the Suit is decreed against the Defendant in terms of Paragraph No. 47(i) to (iv), (vi) to (viii) of the Plaint and the Defendant shall pay an amount of ₹1,50,000/- (Rupees One Lakh Fifty Thousand Only) to the Plaintiff towards damages on account of loss suffered by the Plaintiff due to counterfeiting activities of the Defendant, because of which the Plaintiff had to undertake investigation and also file the present Suit. The amount of damages has been arrived at by considering and assessing the facts of the present case,” the Court said.

The Court also permitted the Plaintiff to recover litigation costs under the Commercial Courts Act and relevant procedural rules.

Case Title: Tommy Hilfiger Europe BV vs Partha Chatterjee

Bench: Justice Tejas Karia

Order Date: 28 November 2025