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It’s Payback Time- Punitive Damages Awarded in a Trademark/Copyright Infringement Case (Atlantic Industries v. Simon Food Processors)

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On 26th May, 2014, the Delhi High Court, awarded punitive damages amounting to Rs. 2 Lakh in an ex parte order against the absconding defendant Simon Food Processors for infringement of trademark and copyright (read the judgment here). The case deals with trademark and copyright over the name and stylised logo of SCHWEPPES owned by Atlantic Industries, a wholly owned subsidiary of The Coca Cola Company. The plaintiffs contended that they were the registered owners of the trademark over the...

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