In Brief
U.C. Surendranath, a bakery owner, was sentenced to one week civil imprisonment for willfully disobeying an interim injunction preventing use of the trademark "Mambally's Bakery." The Supreme Court allowed his appeal. The Court found no willful disobedience because: (1) the Commissioner's inspection on 07.11.2015 occurred before the order was served on 09.11.2015; (2) on the second inspection, products were sold without the infringing mark; and (3) the hoarding non-removal had reasonable explanation (40% disability, height). The Court emphasized willful disobedience requires proof beyond mere disobedience and must meet high standards before imposing criminal liability via imprisonment.
The lawyer headnote and full judgment text are available to registered users.