9 December 2019TrademarksSaman Javed

Bombay High Court orders shutdown of infringing Chinese jewellery website

An Indian court has issued a temporary injunction prohibiting a Chinese company from selling jewellery using the trademark ‘ORRA’.

The Bombay High Court order comes following a complaint from Indian jewellery brand ORRA, which operates a chain of jewellery stores across the country,

In August, ORRA, which owns the trademark for its name, discovered a website,

The website, which also sells jewellery, is operated by Chinese brand TomTop Merchandise.

According to the original complaint, the Indian chain store posed as a customer and placed an order. The jewellery was later delivered under the brand name ‘ORRA’.

ORRA said this use of its name amounted to trademark infringement. Additionally, it said TomTop Merchandise was trying to pass off its products as genuine ORRA goods.

ORRA said TomTop had employed an Indian representative who was in charge of all sales within India.

In November, the Bombay High Court temporarily prohibited TomTop from selling its jewellery in India using the ORRA name and ordered the company to cease operation of the website, until a hearing on December 13 to decide the final outcome of the case.

The court also ordered the website to disclose all sales it has made through the website and in connection to the ORRA trademark.

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