Contempt of Court and the Safe Distance Rule in Trademark and Copyright Infringement
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Case: Ashok M Bhatt v. Harichand Nagpal
Court: Bombay High Court
Date: 13-07-2026
Law: Code of Civil Procedure, Trade Marks Act, Copyright Act, Commercial Courts Act, Contempt of Courts Act.
Highlights of the Judgment:
- Examination of the limited scope of inquiry under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908.
- Application of the "Safe Distance Rule" requiring infringers to maintain a distinct separation from protected marks.
- Analysis of whether a subsisting trademark registration provides a valid defense against a prior injunction order.
- Judicial refusal to re-litigate the merits or legality of an operational injunction during contempt proceedings.
- Interpretation of Section 35 of the CPC and the Commercial Courts Act regarding exemplary costs.
- The evidentiary significance of a party's failed attempt to seek clarification on an injunction's scope.
- Assessment of "contumacious conduct" and the imposition of punitive legal costs for willful disobedience.