HS Sahni Vs Mukul Singhal

Judgment date: 10.11.2022

Case No. FAO (COMM) 88/2021

Name of Court: High Court of Delhi

Name of Hon'ble Justice: Vibhu Bakhru and Amit Mahajan H.J.

Case Title: HS Sahni Vs Mukul Singhal

 

Appellant's Trademark:  M.G. and MGI

Appellant's business and Services: manufacture and trade of wide range of automobile fittings, control cables and spare parts and other allied goods

Appellant's Claimed user: Since 1989

Respondent’s  Trademark: MG CABLE

Defendant's business:

manufacture and trade of automobile components such as clutch cables, front brake cables, rear brake cables, choke / starters etc.

 

Respondent's claimed user: 1996

HS Sahni is referred to as the Appellant and Mukul Singhal is referred to as the Respondent.

The Hon’ble Division Bench was pleased to grant injunction in favour of the Respondent/Cross Appellant and against the Appellant on the following grounds:

i. Though Appellant claimed to be prior user of the Trademark since 1989 and filed invoice since 1989, still on the said invoices, several other brands namely RONAK, ATOMAX , WIREPOOL , DATSUN etc were mentioned.

ii. The invoice of actual use of MG and MGI was since the year 2017.

iii. Appellant’s Trademark application was subsequent to that of the Respondent.

iv. Respondent produced invoice since 2001.

v. In the year 2013, the Respondent obtained copyright registration. In the year 2019, the Appellant also for obtaining identical label.

vi. Thought Appellant was registered proprietor in class 12 and Respondent was registered proprietor in class 06.

vi. Court held that classification of goods are not criteria for deciding the similarity of the products.

vii. This registration granted to the Respondent in class 06 would inure to the benefit of the Respondent.

viii. The Appellant has failed to prove any use prior to 2017. While Respondent has established user since 2001.   

 

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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