The case titled "Shankar Engineering Works and Ors. Vs Sankar Iron Engineering Works Pvt. Ltd. and Ors." (IP-COM/34/2024, GA-COM/3/2025) was decided by the High Court at Calcutta (Original Side, Intellectual Property Rights Division) on August 25, 2025, before Justice Ravi Krishan Kapur.
Summary:
The plaintiffs, engaged in manufacturing cast iron suction hand pumps, owned the registered trademark "ASHA MAYA" and had also adopted a similar mark "ASHU MAYA" since 2016, under which their products had acquired goodwill and reputation. The defendants filed trademark applications for the identical mark "ASHU MAYA" in a similar category of goods. The plaintiffs initiated a suit for passing off and damages, seeking to restrain the defendants from using the impugned mark. The defendants failed to appear or defend the suit. The Court found the defendants' mark to be deceptively identical and likely to cause confusion and damage to the plaintiffs' goodwill. The Court granted an injunction against the defendants to stop the use of the impugned mark and decreed the suit in favor of the plaintiffs.
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Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
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