In the High Court of Delhi, Amba Shakti Steels Ltd. (appellant) filed an appeal against an order dismissing its application for interim relief in a trademark infringement case against Sequence Ferro Private Limited (respondent). The appellant, established in 1989 and operating under various trademarks including AMBA and AMBA SHAKTI, alleged that the respondent's use of the trademark AMMAJI for similar steel products infringed its registered trademarks and constituted passing off.
The appellant, with a significant turnover and extensive marketing efforts, claimed that the respondent's adoption of AMMAJI was made with malafide intention to capitalize on its goodwill. The respondent, however, argued that the trademarks were not similar, the appellant had not acted with clean hands, and there was no likelihood of confusion due to the vigilance of customers for high-value items like TMT bars.
The Commercial Court dismissed the appellant's application, finding the trademarks dissimilar and the appellant had not taken action against other entities using similar marks. On appeal, the High Court found that the Commercial Court had not adequately considered the overall commercial impression of the trademarks and that the appellant was not required to pursue action against all similar mark users to protect its rights.
The High Court noted the appellant's long-standing use of its trademarks, the respondent's recent adoption of AMMAJI, and the potential for customer confusion due to the similarity in the marks' overall impression. The Court also considered the appellant's larger turnover and the balance of convenience in its favor. The High Court allowed the appeal, setting aside the impugned order and granting an interim injunction restraining the respondent from using the trademark AMMAJI or any deceptively similar marks until the suit's disposal.
Case Citation: Amba Shakti Steel Vs Sequence Ferro Private Ltd: 03.09.2024: 2024:DHC: 6703-DB: FAO (COMM) 41/2024: DHC: Vibhu Bakhru and Tara Vitasta Ganju, H.J.
Written by: Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney] United & United
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