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Order Date:22.08.2022
Case No.CS (Comm) 440 of 2020
Delhi High Court
Navin Chawla, H.J.
Astral Poly Technik Vs Astralglee
Plaintiff filed the subject matter Suit on the basis of proprietary right in the Trademark ASTRAL in relation to their goods and business of manufacturing, distributing and selling of high-quality pipes, parts and fittings for use in plumbing, sewage and drainage, agriculture, surface drainage, industrial use, fire protection, cable protection, urban infrastructure, insulation; adhesives and ancillary products such as clams, hangers, pipe flanges and connectors; surface and glass cleaners, sanitizers, stain removers and surface protectants.
Plaintiff was also having Trademark registration for the Trademark ASTRAL in class 03 in relation to Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
The subject matter Suit was filed against the Defendant for their impugned user of Trademark ASTRALGLEE in relation to retail, wholesale, import, export, trading, marketing and advertising of essential oils, cosmetic products.
The Hon'ble High Court of Delhi , vide afore mentioned Judgement dated 22.08.2022 , was pleased to restrain the defendant from using the trademark ASTRALGLEE after holding that Trademark ASTRALGLEE of the Defendant is similar to ASTRAL trademark of the Plaintiff.
While doing so, the Hon'ble Court refuted the argument of the Defendant regarding non user of registered Trademark of the Plaintiff after observing that no step has been taken by the Defendant to seek cancellation of Plaintiff's registered Trademark.
The Hon'ble High Court of Delhi also observed that once the court reached this conclusion that there is possibility of confusion vis a vis user of the Defendant, then this fact become immaterial whether the adoption of the Defendant is honest or not? After observing that the Defendant itself has applied for obtaining registration for trademark ASTRALGLEE the same can not take the plea to be common to trade, rightly interim injunction application of the plaintiff.
Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi
ajayamitabh7@gmail.com, 9990389539
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