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Trademark Infringement Suit: Delhi High Court Awards 2 Lakhs Damages & Over 9 Lakhs Cost In Favour Of Starbucks

[10 May 2022] The Delhi High Court has awarded Rs. 2 lakhs damages and an amount of Rs. 9,60,100 in favour of Starbucks Corporation in a trademark infringement suit filed by it over the usage of its registered trademark ‘FRAPPUCCINO’. Justice Jyoti Singh was dealing with the suit filed by the plaintiff, Starbucks Corporation against one Teaquilla A Fashion Cafe, seeking a decree of permanent injunction restraining the Defendants from infringing it’s registered trademark “FRAPPUCCINO” either alone or with any prefix or suffix or any other confusing and deceptively similar trademark in relation to their goods, services and business as well as passing off. Starbucks Corporation was incorporated in the year 1985 and in 2019, when the suit was filed, it had 30,626 retail stores in 80 countries and territories around the world. Vide order dated September 3, 2019, the Court had granted an ex parte ad interim injunction in favour of the Plaintiff and against the Defendants. The Court observed that it cannot lose sight of the fact that Defendants were found guilty of infringement and in such circumstances, the Court can grant notional damages.

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