In this case of Kamal Kumar Hirawat vs Maruti Poly Films & Ors, heard before the Hon'ble Justice Krishna Rao at the High Court at Calcutta on July 5, 2024, the plaintiff, Kamal Kumar Hirawat, a sole proprietor trading as M/s. Hirawat Trading Co., sought an interim order against the defendants, Maruti Poly Films & Ors., a partnership firm.
Hirawat has been in the business of manufacturing and marketing adhesive tapes since 1995, using the trademark "FIGHTER" since that time. The trademark is registered under class 17 of the Trade Marks Act, 1999, with copyright protection obtained in 2023.
The defendants applied to register a similar trademark, "FITTER," for identical goods, leading Hirawat to file a Notice of Opposition. Despite this, the defendants began selling goods under the "FITTER" mark, which Hirawat argues is deceptively similar to "FIGHTER," causing confusion among customers.
The Court found that Hirawat had made a prima facie case and that the balance of convenience lay in his favor. It was established that Hirawat was the prior user of the "FIGHTER" mark and had been using it continuously since 1995.
The Court ruled that the defendants' use of "FITTER" infringed on Hirawat's trademark rights, and granted an ad interim injunction restraining the defendants from using the impugned trademark or any deceptively similar mark.
Case Citation: Kamal Kumar Hirawat Vs Maruti Poly Films:05.07.2024/IP-COM/15/2024:Calcutta High Court:Krishna Rao, H. J.
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Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
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