The plaintiff, Shardul Amarchand Mangaldas & Co., filed the suit on the basis of their intellectual property rights in the "SAMCO" trademarks and related copyrighted material. These rights include:
Trademark Rights: The plaintiff has registered trademarks under the Trade Marks Act, 1999, which gives them the exclusive right to use these marks in relation to their goods and services. The defendants' alleged use of identical or deceptively similar marks infringes upon these rights.
Copyright Rights: The plaintiff has copyrights in their original works, which may include their logos, website content, and other creative expressions. The defendants' alleged unauthorized use of these copyrighted materials infringes the plaintiff's copyrights under the Copyright Act, 1957.
Passing Off Rights: The plaintiff has the right to protect its goodwill and reputation in the market. The defendants' alleged actions of passing off their services as those of the plaintiff could mislead the public and damage the plaintiff's goodwill, which is actionable under common law principles.
Personality Rights: The plaintiff also claims that the defendants are using the name and photograph of the plaintiff's Executive Chairman, Dr. Shardul S. Shroff, without permission. This unauthorized use could infringe on the personality rights of Dr. Shardul S. Shroff and the plaintiff's firm.
The plaintiff's suit is primarily based on the infringement of these intellectual property rights, seeking to enforce their exclusive rights to use their trademarks and copyrighted material, and to prevent the defendants from passing off their services as those of the plaintiff.
Having considered the document on record, the Court granted an ad interim injunction restraining the defendants from using the plaintiff's trademarks, name, and photograph in any manner. It directed the defendants to block certain email IDs and furnish details associated with them. The court also allowed the plaintiff to publish a public notice informing the public about the false communications and the filing of the suit.
Case Citation: Shardul Amarchand Mangaldas Vs John Doe:12.08.2024 : CS(COMM) 680/2024: Delhi High Court: Mini Pushkarna: H.J
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Ph no: 9990389539
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