Delhi Court Awards Starbucks Rs 13 Lakhs In 'Frappuccino' Trademark Suit
NDTV
Justice Navin Chawla permanently restrained LOL Caf from using the "Frappuccino" mark to sell its products and opined that Starbucks Corporation is also entitled to the "cost of the suit".
Recognising Starbucks's right over the "Frappuccino" mark, the Delhi High Court has awarded the US-based coffeehouse a cost of more than Rs 13 lakh in its lawsuit against a Jaipur café for trademark infringement.
Justice Navin Chawla permanently restrained LOL Café from using the "Frappuccino" mark to sell its products and opined that Starbucks Corporation is also entitled to the "cost of the suit", which would be paid by the café and its owner.
The judge noted that an ex-parte interim order restraining the defendants was passed in the matter in 2019 and "the plaintiff, in the absence of any defence and in view of the uncontroverted assertions...has not only been able to prove its right in the mark 'Frappuccino', but also the infringement and passing off of the said mark by the defendants".
"The plaintiff is also held entitled to the cost of the suit. Apart from the court fee, the plaintiff has filed an 'Advocate Fee Certificate' showing an amount of Rs 13,38,917.85 charged by the counsel as legal fee. The same is found to be reasonable and is thus awarded in favour of the plaintiff and against the defendants," the court said in its recent order.
