Case Title: Selle Royal Group Vs. Ace Footmark (P) Ltd.:Date of Order: 28 May 2025:Case Number: C.O. (COMM.IPD-TM) 196/2022:Neutral Citation: 2025:DHC:4526:Name of Court: High Court of Delhi:Name of Judge: Hon’ble Mr. Justice Saurabh Banerjee
Selle Royal Group, an Italian bicycle accessories manufacturer, filed a petition seeking cancellation of the trademark "FIZIFREAK" registered by Ace Footmark, alleging it was deceptively similar to their well-known mark "fi’zi:k", used since 1995 globally and in India since 2004, and also similar to their European trademark "FREE:K".
The petition originated before the Intellectual Property Appellate Board and was transferred to the High Court after the Board’s abolition. The respondent's mark "FIZIFREAK" was registered in 2017 for footwear but expired in 2024 and was not renewed. The respondent did not appear before the Court despite service of notice, and was proceeded against ex parte.
The central dispute was whether "FIZIFREAK" was deceptively similar to the petitioner’s coined and reputed marks "fi’zi:k" and "FREE:K", amounting to passing off, and whether it should be removed from the Register of Trademarks.
The Court noted the petitioner’s prior and global use of the mark, its reputation in India since 2004, and the phonetic and structural similarity between the marks. It found the respondent’s conduct to be mala fide and noted their history of attempting to register similar marks to well-known brands.
The Court directed the cancellation of the trademark "FIZIFREAK" from the Register of Trademarks and held that its adoption was dishonest and intended to exploit the goodwill of the petitioner’s marks.
No comments:
Post a Comment