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Jolen Inc. v. Kundan Rice Mills Ltd.

Indian Firms in Civil Contempt, Sanctioned for Violating Court's Anti-Suit Injunction

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OPINION AND ORDER ON CIVIL CONTEMPT Petitioner Jolen, Inc. (“Jolen”) moves for an order finding respondents Kundan Rice Mills Ltd. and Kundan Care Products, Ltd. (the “Kundan Entities”) in civil contempt. Jolen asserts that respondents violated this Court’s anti-suit injunction order, dated April 9, 2019.Set forth below are the Court’s Findings of Fact and Conclusions of Law. Considering Jolen’s submissions and the evidence of record, the Court finds by clear and convincing evidence that the respondents violated the Court’s Orders and the respondents are adjudged to be in contempt of Court. Jolen’s motion is granted.FINDINGS OF FACTOn or about November 1, 2004, Jolen entered into an Exclusive Trademark License Agreement (the “Agreement”) with the Kundan Entities.¹ (Declaration of Jeremy E. Deutsch of Feb. 11, 2019 Ex. 1 at 1, §12; Doc 4). The Agreement includes an arbitration clause governing any dispute arising out of the Agreement or its breach. (Id.). On April 4, 2016, Jolen filed a Request for Arbitration with the International Chamber of Commerce, International Court of Arbitration (“ICC”), alleging various breaches of the Agreement by the Kundan Entities, including their failure to report monthly sales and make royalty payments. (Pet.

13, 15; Doc 1; Deutsch Decl. of 2/11/2019 Ex. 3 15; Doc 4.)The ICC Court appointed a sole Arbitrator to decide the issues of jurisdiction and liability. (Deutsch Decl. of 3/26/2019 Ex. 3

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