The plaintiff, Mcam Surlon India Ltd., filed an application seeking to restrain the defendants from infringing on its registered trademark, "METALON," which is used for its engineering plastic products. The plaintiff has been using the trademark since 1994 and has a valid and subsisting registration.
Mcam Surlon India Ltd, the plaintiff, alleges that Ms Metalon Marketing Delhi Partnership, the defendant, has been using their registered trademark "METALON" without authorization, leading to confusion in the market and potential damage to the plaintiff's reputation and goodwill. This unauthorized use of the trademark occurred after the termination of a distribution agreement between the two parties, which had previously allowed the defendant to use the trademark for business purposes. The plaintiff argues that the defendant's actions constitute trademark infringement and passing off, as per the Trade Marks Act, 1999, and seeks to restrain the defendant from further use of the trademark.
The court found that the plaintiff has a prima facie case and that the defendants' actions constitute trademark infringement under the Trade Marks Act, 1999. The court noted that the defendants were permitted to use the trademark only as per the distribution agreement, which was terminated. Consequently, the court granted an interim injunction restraining the defendants from using the "METALON" trademark for their business or as a trade name.
Case Citation: Mcam Surlon India Ltd vs Ms Metalon Marketing Delhi:23.08.2024 : CS COM 846 of 2023: Delhi High Court: Mini Pushkarna. H.J
Written by: Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
Ph no: 9990389539
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