Metis Learning Solutions Pvt.Ltd. Vs Flipkart India Pvt.Ltd.

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Order Date:08.08.2022
Case No.CS (Comm) 393 of 2022
Delhi High Court
Jyoti Singh, H.J.
Metis Learning Solutions Pvt. Ltd. Vs Flipkart India Pvt. Ltd.

Plaintiff's Trademark/Label: EINSTEIN BOX

Plaintiff's Product: Science Kit Tools for kids and boys

Defendant's Trademark/Label: NEWTON BOX

Defendant's Product: Science Kit Tools for kids and boys

Defendant has changed the trademark/name of the 4 products from ‘Newton Box’ to ‘Newton’s Learning Kit.

The Plaintiff sought to raise the argument that EINSTEIN BOX is based on the name of the world renowned and widely known Physicist Albert Einstein while Newton Box is based on the globally known Scientist Sir Isaac Newton and therefore, there is a semantic similarity between the two trademarks.

The Plaintiff also submitted that applying the Mill’s Theory of Associative Memory, in the human mind, when both marks ‘Einstein’ and ‘Newton’ would be regularly presented in relation to a ‘world renowned genius/scientist’, a habit would form where thinking of Einstein shall bring to the mind the word Newton.

However the Hon'ble High Court of Delhi rejected this argument of Plaintiff by observing that Examining the competing marks in the present case, in my prima facie opinion, it cannot be argued by the Plaintiff that the name ‘Newton Box’ has a semantic similarity with ‘Einstein Box’. It needs no reiteration that Sir Isaac Newton was an English Mathematician, Physicist, Astronomer, Alchemist, Theologian and an Author and is well-known for his discoveries in optics (white light composition) and mathematics (calculus) as also for his formulation of the three laws of motion. Elbert Einstein was a German born, Theoretical Physicist, best known for developing the theory of Relativity. Both the geniuses had their own respective contributions and it can hardly be even suggested that anyone would confuse one with the other.

According to the Hon'ble High Court of Delhi , there was no any possibility of confusion and Trade Mark and Trade Dress of the competing parties were apparently different. Accordingly Injunction was vacated subject to few condition.

Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi
ajayamitabh7@gmail.com, 9990389539

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