Future Bath Products Private Limited Vs Corza International & Or

Judgment date:02.11.2022

Suit No. CS Comm No. 461 of 2020 

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Navin Chawla H.J.

Case Title: Future Bath Products Private Limited Vs Corza International & Or

 

Plaintiff's Trademark:  CORSA

Plaintiff's business and Services: Manufacturing, Marketing and Sale of „apparatus for lighting, heating, steam generating, cooling, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

Plaintiff's Claimed user: Since 1998

Plaintiff's Actual documents of user: 2009

Plaintiff's Trademark Registration: Class 06,07,08,11,17,35

Defendant's  Trademark: CORZA

Defendant's business:Hollow Bricks, InterLock, Floor, Pavement, Roofing, Ceramic Cement.

Defendant's Registration: Class 19

Defendant's claimed user: 2014

 

Injunction was granted in favor of the Plaintiff and against the Defendant. The Hon'ble High Court of Delhi rejected the defenses taken by the Defendant as under:

i. The argument of defendant that the suit is not filed by properly authorized person, was held not to be maintainable as even though the Authorization letters have been signed by directors of the plaintiff , even though one of the directors was authorized signatory.

ii. Non production of Legal Proceeding certificate of Plaintiff's registered Trademark was also held not to be material one as the Defendant it self has not challenged the validity of registered Trademark of the Plaintiff by filing any cancellation petition.

iii. The Plaintiff valued the property of their Trademark only to the tune of Rs.4000 in the deed of assignment. However this factum was also not considered to be relevant one for grating the relief for Infringement or passing off as factors for granting or non granting these relief as dependent upon other factors.

iv. Trademark of the Plaintiff namely  CORSA and Trademark of the Defendant namely CORZA are similar. Hence the Defendant was restrained from using the impugned Trademark CORZA in relation to the product the Plaintiff deals in.

v. However Defendant was allowed to use trademark CORZA in relation to the products in class 19 as the Defendant was also registered Proprietor of the Trademark CORZA in class 19 and that the Plaintiff also has not filed cancellation petition against the same.

Ajay Amitabh Suman, [IP ADJUTOR]

IPR Advocate, Hon'ble High Court of Delhi.

ajayamitabh7@gmail.com, 9990389539

D/1027/2002

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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.

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