S.V.T Products Vs S.S Pandian And Sons

Challenging the Authenticity of Invoices at interim stage in a Trademark Dispute

Introduction:

The case at hand involves a dispute over trademarks relating to the sale of asafoetida. The plaintiff alleges infringement and passing off of their registered trademark "HOTEL SPECIAL" by the defendant's use of the similar mark "SVT HOTEL SPECIAL". The crux of the matter lies in the authenticity of the invoices presented by the defendant to substantiate their claim of prior use, which has been challenged by the plaintiff.

Legal Framework:

The legal framework governing interim restraint orders under Order 39 Rules 1 and 2 of the Code of Civil Procedure provides the court with discretionary power to grant or refuse such injunctions based on the facts and circumstances of each case.

Plaintiff's Allegations:

The plaintiff asserts that their trademark "HOTEL SPECIAL" has gained goodwill and reputation in the market for the sale of asafoetida. They argue that the defendant's use of the deceptively similar mark is likely to cause confusion among consumers, thereby harming their business interests.

Defendant's Defence:

On the other hand, the defendant contends that they are the prior user of the mark "SVT HOTEL SPECIAL" for asafoetida since 1990. They challenge the validity of the plaintiff's trademark registration and argue that the disputed mark lacks distinctiveness.

Challenge to Invoices:

To discredit the invoices produced by the defendant, the plaintiff presents additional evidence in the form of newspapers dating back to 1990-1996. These newspapers feature advertisements from various traders and merchants with six-digit landline telephone numbers, whereas the defendant's invoices contain seven-digit numbers during the same period.

Court's Observations: The Hon'ble High Court, even at the interim stage, scrutinizes the authenticity of the defendant's invoices. It observes that the discrepancy in the telephone numbers raises serious doubts about the genuineness of the invoices presented by the defendant.

Decision:

Based on the prima facie evidence presented, the Court discredits the alleged invoices of the defendant, considering them suspicious. Consequently, the Court rejects the defendant's appeal against the interim restraint order.

Conclusion:

In intellectual property disputes, particularly concerning trademarks, the authenticity of evidence presented, such as invoices, holds significant weight in determining the outcome of interim restraint orders. The case exemplifies the importance of thorough scrutiny by the court, even at the interim stage, to ensure the integrity of the legal process and protection of the parties' rights. Ultimately, the decision to discredit the defendant's invoices underscores the judiciary's commitment to upholding fairness and justice in intellectual property disputes.

Case Title: S.V.T Products Vs S.S Pandian And Sons
Order Date: 04.04.2024
Case No. MFA NO.2680 OF 2023 (IPR)
Neutral Citation:2024:DHC:2510
Name of Court: Karnataka High Court
Name of Hon'ble Judge: Anant Ramanath Hegde H.J.

Disclaimer:

This article is meant for informational purposes only and should not be construed as substitute for legal advice as Ideas, thoughts, views, information, discussions and interpretation perceived and expressed herein are are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue of law involved herein.

Written By: Advocate Ajay Amitabh Suman,
IP Adjutor - Patent and Trademark Attorney,
Email: ajayamitabhsuman@gmail.com,
Ph No: 9990389539

Jaquar and Company Pvt. Ltd. Vs Ashirvad Pipes Private Limited

A Case Study of ARTIZE and TIAARA Vs. ARTISTRY and TIARA

Introduction:

In this case study, we delve into the legal issues surrounding the dispute between the plaintiff, claiming prior adoption and use of the marks ARTIZE and TIAARA, and the defendant, accused of infringing on these marks with ARTISTRY and TIARA. The subsequent legal proceedings, including the filing of a rectification petition, highlight the nuanced application of trademark law under the Trade Marks Act.

Background:

The plaintiff asserts to be the prior user and adopter of the marks ARTIZE and TIAARA, with continuous usage dating back to June 2008 and 2016, respectively. The defendant, however, introduced sanitary ware products under the brands ARTISTRY and TIARA, as evidenced by an advertisement in the November 2022 edition of Casa Vogue. This prompted the plaintiff to file a suit alleging trademark infringement, citing similarities between the defendant's marks and their own.

Legal Analysis:

The plaintiff's case hinges on Section 29 of the Trade Marks Act, which delineates the conditions for trademark infringement. To establish infringement, the plaintiff must demonstrate that their registered trademarks are being used by the defendant in a manner that causes confusion among consumers. Additionally, the plaintiff has filed a rectification petition against the defendant's registration of the mark ARTISTRY, further complicating the legal landscape.

The Interim Injunction:

The Hon'ble High Court of Delhi, in its interim injunction, identified several key factors supporting the plaintiff's claims. Firstly, the court acknowledged the registered status of the plaintiff's trademarks, ARTIZE and TIAARA, underscoring their legal protection.

Secondly, it recognized the defendant's usage of the marks ARTISTRY and TIARA in the course of trade, indicating potential infringement. Thirdly, the court noted the deceptive similarity between the defendant's mark ARTISTRY and the plaintiff's mark ARTIZE, as well as the near-identical nature of TIARA to TIAARA. These observations align with the criteria outlined in Section 29(1) of the Trade Marks Act, strengthening the plaintiff's case for infringement.

Moreover, the plaintiff's decision to file a rectification petition against the defendant's registration of the mark ARTISTRY reflects a strategic effort to challenge the validity of the defendant's trademark. This legal maneuver underscores the plaintiff's commitment to protecting their intellectual property rights and highlights the significance of thorough trademark registration procedures.

Implications:

The ARTIZE and TIAARA vs. ARTISTRY and TIARA case serves as a compelling illustration of the complexities inherent in trademark infringement disputes. It underscores the importance of diligent trademark monitoring and registration, as well as the strategic utilization of legal remedies such as rectification petitions.

Conclusion:

The outcome of this case will likely have broader implications for trademark law jurisprudence in India, particularly regarding the interpretation and application of Section 29 of the Trade Marks Act. Regardless of the final verdict, this case underscores the paramount importance of protecting intellectual property rights in an increasingly competitive commercial landscape.

Case Title: Jaquar and Company Pvt. Ltd. Vs Ashirvad Pipes Private Limited
Order Date: 01.04.2024
Case No. CS Comm 670 of 2023
Neutral Citation:2024:DHC:2510
Name of Court: Delhi High Court
Name of Hon'ble Judge: C. Hari Shankar H.J.

Disclaimer:

This article is meant for informational purposes only and should not be construed as substitute for legal advice as Ideas, thoughts, views, information, discussions and interpretation perceived and expressed herein are are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue of law involved herein.

Written By: Advocate Ajay Amitabh Suman,
IP Adjutor - Patent and Trademark Attorney,
Email: ajayamitabhsuman@gmail.com,
Ph No: 9990389539

Allied Blenders And Distillers Limited Vs Samvid Ventures Private Limited

Former bottler of Plaintiff, was not allowed to plead Trademark to be generic

Introduction:

The case of WESTERN CHOICE vs. OFFICER'S CHOICE revolves around a dispute over trademark infringement and passing off. The Plaintiff, a well-established brand with multiple registered trademarks under "OFFICER'S CHOICE", filed a suit seeking a permanent injunction against the Defendants for using the mark "WESTERN CHOICE", alleging deceptive similarity and potential damage to their brand reputation. This article provides a detailed legal analysis of the case, examining the arguments presented by both parties and the court's decision.

Background:

The Plaintiff asserts its rights over the trademark "OFFICER'S CHOICE" based on its extensive use and registration as a well-known mark. The Defendants, on the other hand, claim that there is no substantial similarity between their mark "WESTERN CHOICE" and the Plaintiff's mark, and that the former's adoption was based on legitimate reasons, such as manufacturing and sales territory in Goa.

Trademark Similarity:

The primary issue in this case is whether there exists a likelihood of confusion between the Plaintiff's mark "OFFICER'S CHOICE" and the Defendant's mark "WESTERN CHOICE". Trademark law protects against such confusion to prevent consumer deception. The court must assess visual, phonetic, and structural similarities between the marks to determine infringement.

Defendant's Adoption of the Mark:

The Defendants argue that their adoption of the mark "WESTERN CHOICE" was not in bad faith and was based on legitimate business reasons. They contend that the term "CHOICE" is generic and cannot be monopolized by any party. However, the Plaintiff asserts that the adoption was intended to capitalize on the reputation and goodwill associated with their mark.

Defendant's Relationship with Plaintiff:

The Plaintiff alleges a relationship between the Defendants, with Defendant No. 2 being the former bottler of the Plaintiff's products. This relationship raises concerns of potential misuse of confidential information or trade secrets by the Defendants.

Sales Figures and Market Impact:

The Plaintiff presents evidence of the Defendants' sales figures, arguing that they are not substantial compared to the overall alcohol market. However, even minimal sales can cause damage to a brand if they lead to consumer confusion or dilution of the Plaintiff's mark.

Court Decision:

After considering the arguments presented by both parties, the court decided to grant a permanent injunction against the Defendants. The court observed the relationship between Defendant No. 1 and Defendant No. 2, the former being the Plaintiff's former bottler. Additionally, the court noted the potential for confusion between the marks and the Plaintiff's established reputation in the market.

Conclusion:

The case of WESTERN CHOICE vs. OFFICER'S CHOICE highlights the complexities of trademark disputes, particularly concerning similarity, adoption, and market impact. It underscores the importance of protecting brand identity and preventing consumer confusion. The court's decision to grant the injunction serves to uphold trademark rights and maintain market integrity.

Case Title: Allied Blenders And Distillers Limited Vs Samvid Ventures Private Limited
Order Date: 22.03.2024
Case No. CS Comm 240 of 2024
Neutral Citation:N.A.
Name of Court: Delhi High Court
Name of Hon'ble Judge: Anish Dayal H.J.

Disclaimer:

This article is meant for informational purposes only and should not be construed as substitute for legal advice as Ideas, thoughts, views, information, discussions and interpretation perceived and expressed herein are are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue of law involved herein.

Written By: Advocate Ajay Amitabh Suman,
IP Adjutor - Patent and Trademark Attorney,
Email: ajayamitabhsuman@gmail.com,
Ph No: 9990389539

Four Pillars Enterprises Co. Vs Mahipal Jain and Ors

Trademark Use and Infringement: Licensee Use and Consumer Perception

Introduction:

In a recent case before the Hon'ble High Court Delhi, the issue of trademark infringement arose concerning the use of marks similar to the plaintiff's registered DEER Brand device. This article delves into the nuanced legal analysis undertaken by the court, particularly focusing on the significance of licensee use in determining trademark infringement.

Background:

The plaintiff, a Taiwanese company established in 1954, specializes in manufacturing adhesive tapes and labels under the registered trademark DEER Brand device.

The defendants, accused of infringing the plaintiff's trademark rights, utilized marks such as REINDEER BRAND and REINDEER WONDER for identical goods, namely insulating tapes. The dispute centered on the alleged confusion caused by the similarity between the plaintiff's DEER mark and the defendants' marks.

Trademark Use and Licensee Rights:

A pivotal contention raised by the defendants was the alleged disuse of the plaintiff's DEER marks since 2011. However, the court rejected this argument, emphasizing that use by the plaintiff or its licensee, Avatack, constitutes trademark use. The court recognized the validity of trademark use through licensees, reinforcing the principle that trademark rights extend to authorized users who maintain the quality standards associated with the mark.

Consumer Perception and Likelihood of Confusion:

The court dismissed the defendants' assertion that the DEER and REINDEER marks signify different animals, emphasizing that trademark infringement is assessed from the perspective of consumers, not zoologists.

The critical factor in determining infringement lies in the likelihood of confusion among consumers of average intelligence and imperfect recollection. Given the similarity between the marks and the identity of goods, consumers are likely to be confused regarding the origin of the products, thereby establishing prima facie infringement under Section 29(2).

Identical Goods and Similarity of Marks:

The court observed that the defendants' use of marks for identical goods catered to the same consumer segment and distribution channels as the plaintiff's products.

The similarity between the marks, coupled with the identical nature of the goods, heightened the potential for confusion among consumers. Consequently, the court concluded that the conjoint effect of similarity in marks and identity of goods prima facie established trademark infringement.

Case Title: Four Pillars Enterprises Co. Vs Mahipal Jain and Ors
Order Date: 07.03.2024
Case No. CS Comm 472 of 2023
Neutral Citation:2024:DHC:2478
Name of Court: Delhi High Court
Name of Hon'ble Judge: C Hari Shankar H.J.

Disclaimer:

This article is meant for informational purposes only and should not be construed as substitute for legal advice as Ideas, thoughts, views, information, discussions and interpretation perceived and expressed herein are are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue of law involved herein.

Written By: Advocate Ajay Amitabh Suman,
IP Adjutor - Patent and Trademark Attorney,
Email: ajayamitabhsuman@gmail.com,
Ph No: 9990389539

RSPL Limited Vs Agarwal Home Products

Unveiling Bad Faith in Trademark Adoption

Introduction:

The concept of bad faith in the adoption of trademarks is a critical facet of intellectual property law, aimed at safeguarding the rights of trademark owners and preventing unfair competition. This article provides a comprehensive analysis of a recent judgment by the Hon'ble High Court of Delhi, which decreed a suit in favor of the plaintiff, emphasizing the presence of bad faith in the defendant's adoption of a trademark.

Background:

The dispute revolves around the trademark "GHADI" owned by the plaintiff, who is engaged in the manufacture and sale of detergents, soaps, and related products. The defendant, operating under the trademark "AGRA GHADI YAL," is alleged to have infringed upon the plaintiff's rights by using a mark that bears striking resemblance to the plaintiff's well-known trademark. The plaintiff sought a permanent injunction restraining the defendant from further infringement and passing off identical goods.


Recognition of Well-Known Trademark:

The plaintiff's trademark "GHADI" and its formative variants were recognized as well-known trademarks by the Trade Mark Office, underscoring the extensive goodwill associated with the brand. This recognition strengthens the plaintiff's position and underscores the need for heightened protection against unauthorized use.

Elements of Bad Faith:

The Hon'ble High Court of Delhi meticulously analyzed the visual and typographic similarities between the plaintiff's trademark and the defendant's mark. The replication of essential visual features, including color scheme and typographic style, coupled with the prominent positioning of the word "GHADI," indicates a deliberate attempt by the defendant to capitalize on the plaintiff's brand identity.

The addition of secondary elements such as "AGRA" and "YAL" in a smaller font does not diminish the likelihood of consumer confusion but rather exacerbates it by reinforcing the association with the plaintiff's trademark. This calculated strategy suggests a lack of good faith on the part of the defendant, aiming to exploit the established reputation of the plaintiff's brand for commercial gain.

Consumer Confusion and Mistaken Connections:

The overarching impression created by the defendant's use of the impugned trademark is one that closely resembles the plaintiff's product, thereby increasing the risk of consumer confusion. The deliberate imitation of key elements heightens the potential for mistaken connections between the two sources, posing a threat to the integrity of the plaintiff's brand and diluting its distinctiveness in the marketplace.

Conclusion:

The judgment of the Hon'ble High Court of Delhi underscores the significance of identifying and penalizing instances of bad faith in trademark adoption. The meticulous analysis of visual elements and the overall commercial impression created by the defendant's mark elucidates the calculated nature of the infringement, emphasizing the need for stringent enforcement of intellectual property rights.

Case Title: RSPL Limited Vs Agarwal Home Products
Order Date: 15.03.2024
Case No. CS Comm 486 of 2023
Neutral Citation:2024:DHC:2439
Name of Court: Delhi High Court
Name of Hon'ble Judge: Sanjeev Narula H.J.

Disclaimer:

This article is meant for informational purposes only and should not be construed as substitute for legal advice as Ideas, thoughts, views, information, discussions and interpretation perceived and expressed herein are are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue of law involved herein.

Written By: Advocate Ajay Amitabh Suman,
IP Adjutor - Patent and Trademark Attorney,
Email: ajayamitabhsuman@gmail.com,
Ph No: 9990389539

Shree Giriraj and Co Vs Gagan Pagrani Proprietor Plastica Industries

Interactive Websites and Trademark Jurisdiction

Introduction:

The intersection of e-commerce platforms and trademark jurisdiction presents complex legal challenges, as demonstrated in the case under consideration. This article critically examines the implications of selling goods through interactive websites in the context of trademark disputes, focusing on the recent decision of the Hon'ble Division Bench regarding the jurisdictional aspect in a trademark infringement case.

Background:

The dispute centers around the alleged infringement of the trademark "SHAKTI & SHAKTI LENO" by the appellant, who operates under the name of Shree Girirajji & Company. The respondent, engaged in the manufacturing and sale of various bags and related products under the said trademark, accuses the appellant of adopting a similar label, "SUPER SHAKTI LENO," and a device mark for its goods. Additionally, the respondent contends that the appellant sells these goods through an interactive website hosted on www.indiamart.com.

Jurisdictional Challenge:

The appellant, seeking to challenge the jurisdiction of the Commercial Court, invoked Order XXXIX Rule 4 of the Code of Civil Procedure, 1908. However, the Court rejected this application, leading to the appellant's appeal before the Division Bench. The crux of the jurisdictional argument revolves around whether the Commercial Court has the authority to adjudicate disputes arising from online sales activities.

Online Sales and Trademark Infringement:

The central issue pertains to whether the appellant's use of similar trademarks on its goods sold through the interactive website constitutes trademark infringement. While the appellant denies selling goods bearing the impugned trademarks through the website, the absence of a specific denial in the written statement raises questions about the veracity of this claim. The Hon'ble Division Bench observed this discrepancy and emphasized the need for clarity regarding the goods sold via the online platform.

Applicability of Trademark Law to E-commerce:

In contemporary commerce, online platforms serve as significant channels for sales and distribution. However, this digital landscape complicates traditional notions of jurisdiction and enforcement of intellectual property rights. Courts worldwide grapple with issues of territorial jurisdiction, online presence, and the extraterritorial reach of trademark laws concerning e-commerce activities.

Conclusion:

The dismissal of the appeal by the Division Bench underscores the significance of clarifying the jurisdictional scope concerning online trademark infringement disputes. The evolving nature of e-commerce necessitates a nuanced understanding of jurisdictional principles to effectively address trademark violations in the digital sphere. This case highlights the imperative for clear legal frameworks and judicial interpretations to navigate the complex terrain of interactive websites and trademark jurisdiction, ensuring equitable resolution of disputes in the online marketplace.

Case Title: Shree Giriraj and Co Vs Gagan Pagrani Proprietor Plastica Industries
Order Date: 14.03.2024
Case No. FAO (COMM) 47/2024
Neutral Citation:2024:DHC:2230
Name of Court: Delhi High Court
Name of Hon'ble Judge: Vibhu Bakhru and Tara Vitasta Ganju H.J.

Disclaimer:

This article is meant for informational purposes only and should not be construed as substitute for legal advice as Ideas, thoughts, views, information, discussions and interpretation perceived and expressed herein are are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue of law involved herein.

Written By: Advocate Ajay Amitabh Suman,
IP Adjutor - Patent and Trademark Attorney,
Email: ajayamitabhsuman@gmail.com,
Ph No: 9990389539