Court Orders Defendants to Cease Use of "SKF" Marks and Freezes Bank Accounts Over Counterfeit Sales
In a significant judgment delivered by the Delhi High Court on August 21, 2026, Justice Jyoti Singh ruled in favor of the Swedish company AB SKF, granting an ex parte ad interim injunction against M/s B.M. Bearing Sales and others for trademark and copyright infringement. The court found that the defendants were unlawfully using the "SKF" mark to sell counterfeit ball bearings, which closely resembled the plaintiff's genuine products in both trademark and trade dress.
The plaintiff, AB SKF, a global leader in the manufacturing of bearings and related products, has been operating in India since 1923. It claimed that the defendants were selling counterfeit products using the "SKF" trademark and identical packaging, thereby misleading the public and damaging the plaintiff's reputation. The court noted that such activities not only infringe on AB SKF's trademark rights but also amount to passing off, causing significant confusion among consumers.
During the proceedings, the court was presented with evidence of the defendants' activities, including the sale of counterfeit products and the use of the plaintiff's distinctive red, white, and blue trade dress. The plaintiff's counsel, Mr. Saif Khan, argued that the defendants' actions constituted a deliberate attempt to capitalize on AB SKF's established goodwill and reputation, which has been built over decades.
In her judgment, Justice Jyoti Singh emphasized the need to protect AB SKF's intellectual property rights, citing the potential for confusion among consumers and the risk of damage to the plaintiff's brand. The court ordered an immediate halt to the defendants' use of the "SKF" mark in any form, including on domain names and social media platforms. Additionally, the court instructed the freezing of the defendants' bank accounts to prevent the withdrawal of proceeds from their infringing activities.
The court's decision underscores the importance of protecting registered trademarks and copyrights from infringement and highlights the legal recourse available to proprietors of well-known brands. AB SKF's proactive measures in seeking legal intervention demonstrate its commitment to safeguarding its brand identity and ensuring the authenticity of its products in the market.
Bottom Line :
Trademark infringement and passing off - Plaintiff, being the registered proprietor of "SKF" trademarks and owner of copyright in its trade dress, is entitled to protection against counterfeit products being sold by the defendants under identical marks and packaging.
Statutory provision(s): Trade Marks Act, 1999 Section 29, Copyright Act, 1957, Order XXXIX Rules 1 and 2 CPC, Commercial Courts Act, 2015, Section 28 of the Trade Marks Act, 1999.
AB SKF v. M/s B.M. Bearing Sales, (Delhi) : Law Finder Doc id # 2969174
