Falcon Autotech Pvt. Ltd. Vs Kengic Intelligent Technology Co. Ltd.

Relevance of Claim Mapping and Analyst report in a Suit for Patent Infringement

Introduction:

In the case at hand, the plaintiff has filed a suit against the defendant for allegedly infringing upon the granted patent IN410846, titled "AN INTEGRATED PRE-SORTATION SYSTEM." This patent, granted by the Indian Patent Office on January 25, 2021, covers an innovative system designed to optimize sorting processes in warehouse automation, logistics centers, and other material handling facilities. The following analysis delves into the key elements of the case, examining the claims, evidence, and legal arguments presented.

Investment in Technology and Patent Grant:

The plaintiff, Falcon Autotech, has been at the forefront of developing cutting-edge sorter machines since 2015. Their substantial investment in research, development, and manufacturing has led to the creation of a patented integrated pre-sortation system, which combines a feeding pre-sort apparatus with a downstream pre-sort apparatus. This technology is pivotal in streamlining operations within automated warehouses and logistics centers, reducing manual labor, and enhancing efficiency.

The Suit Patent:

The patented system (IN410846) encompasses various components, including feed lines, cross belt sorter segments, and a server with a processing unit, all interconnected via a communication network. This integration facilitates real-time data processing and automated decision-making, making the system highly efficient and desirable in material handling environments.

Allegations of Infringement:

The plaintiff alleges that the defendant has installed a sorter machine at a client's premises, which, according to the plaintiff, mirrors the patented system's specifications. The plaintiff claims that this machine is a result of slavish copying and reverse engineering of their patented technology. To substantiate this allegation, the plaintiff has conducted a thorough claim mapping exercise, visually comparing the defendant's machine to the claims of the patent.

Claim Mapping and Evidence Analysis:

The plaintiff has documented a visual comparison between the defendant's product and the patented system. This comparison highlights the similarities between the two, suggesting that the defendant's product embodies the patented technology. The visual evidence is crucial in demonstrating the extent of the alleged infringement.

Detailed Claim Mapping:

In addition to the visual comparison, the plaintiff has meticulously mapped the features of the defendant's product against the patent claims. This detailed analysis reveals that the defendant's machine incorporates all the critical elements covered by the patent, thereby infringing upon the plaintiff's exclusive rights. Claim mapping is an essential tool in patent litigation, as it allows for a systematic comparison of the patented invention and the alleged infringing product, highlighting the overlapping features.

Analyst Comments:

 

The plaintiff has supplemented the visual comparison and claim mapping with analyst comments that interpret the technical aspects of the patent claims. These comments elucidate how the defendant's product is functionally identical to the patented system. Such expert analysis is instrumental in conveying the technical nuances to the court, thereby strengthening the plaintiff's case.

Defendant's Operations and Legal Compliance:

The plaintiff further alleges that the defendant's Indian company has been struck off and has no physical presence or establishment in India. Despite this, the defendant is reportedly operating through various individuals, as evidenced by LinkedIn profiles. The plaintiff accuses the defendant of flouting legal compliances by not obtaining necessary licenses or registrations, raising concerns about consumer liability due to the potentially substandard quality of the defendant's products.

This aspect of the case underscores the importance of regulatory compliance in patent disputes. A company's legal standing, or lack thereof, can have significant implications on its ability to defend against infringement claims. Moreover, non-compliance with legal requirements may expose the defendant to additional liabilities, further complicating their position in the litigation.

Grant of Injunction:

Upon reviewing the plaintiff's submissions and the evidence presented, the court finds a prima facie case for the grant of an injunction. The injunction restrains the defendant from manufacturing, selling, or promoting any product that infringes upon the plaintiff's patent. This decision is a significant interim relief for the plaintiff, as it prevents further potential damage while the case proceeds.

Conclusion:

The case of Falcon Autotech vs. [Defendant] highlights the critical role of patent protection in safeguarding technological innovations. The plaintiff's comprehensive approach, including claim mapping, visual comparison, and expert analysis, has strengthened their position in court, leading to the grant of an injunction.

Legal Implications:

Importance of Claim Mapping in Patent Litigation:

 Claim mapping is a vital tool in patent litigation, as it allows for a structured and detailed comparison between the patented technology and the alleged infringing product. This process is essential for demonstrating how the defendant's product falls within the scope of the patent claims.

The Role of Expert Analysis in Patent Disputes:

 

 Expert analysis is crucial in patent disputes, particularly in cases involving complex technologies. Analysts can break down technical jargon, explain the significance of specific features, and provide insights that are understandable to the court, thereby strengthening the plaintiff's arguments.

Case Citation: Falcon Autotech Pvt. Ltd. Vs Kengic Intelligent Technology Co. Ltd. :02.08.2024 : CS Comm 643 of 2024: Delhi High Court: Mini Pushkarna: H.J.

Advocate Ajay Amitabh Suman

IP Adjutor [Patent and Trademark Attorney]

United & United

Email: amitabh@unitedandunited.com, 

Ph no: 9990389539

Disclaimer:

The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.

Tushar Saraff & Anr Vs Manish Kumar Jain

Introduction:

The trademark dispute between Tushar Saraff & Anr. and Manish Kumar Jain & Ors. revolves around the rights to the "JJ DELUXE" trademark and other "JJ" formative marks. This legal battle highlights the complexities involved in trademark law, particularly when it comes to perpetual co existence user agreement , prior use, and market confusion. The court's recent injunction order against the respondents marks a significant development in this ongoing dispute.

Background of the Dispute:

The petitioners, Tushar Saraff & Anr., have been engaged in the business of manufacturing and selling electrical goods under the trademark "JJ DELUXE" and other "JJ" formative marks. These trademarks have been in use for a considerable period, and the petitioners have a strong claim to them, backed by prior use and registration.

The respondents, Manish Kumar Jain & Ors., are also in the business of manufacturing electrical goods. The dispute arose when the respondents allegedly began using the "JJ DELUXE" and other "JJ" formative marks, despite previous agreements and court orders that recognized the petitioners' rights to these trademarks. The petitioners contend that the respondents' actions have led to confusion in the market and have diluted the goodwill associated with their brand.

Legal Framework and Issues:

The core legal issues in this case revolve around trademark infringement, breach of perpetual co existence user agreement , and the validity of co-existence agreements. Under the Trademark Act, 1999, trademark infringement occurs when a party uses a mark that is identical or deceptively similar to a registered trademark, leading to confusion among consumers. In this case, the petitioners argue that the respondents' use of "JJ DELUXE" and other "JJ" formative marks constitutes trademark infringement.

The case also raises questions about the enforceability of agreements between the parties. The respondents had allegedly agreed not to use the disputed trademarks in previous agreements and court orders. The petitioners claim that these agreements have been breached, further complicating the dispute.

Analysis of the perpetual co existence user agreement :

A significant aspect of this case is the perpetual co existence user agreement  between the parties. Co-existence agreements are common in trademark disputes, allowing two parties to use similar trademarks in different markets or under specific conditions. However, the validity of such agreements can be contentious, especially when one party feels that their rights are being undermined.

In this case, the court questioned the validity of the co-existence agreement, particularly since the petitioners were not a party to it. The agreement's relevance was further undermined by the fact that respondent No. 4 had issued a notice terminating the agreement. The court's skepticism about the agreement's validity played a crucial role in its decision to grant the injunction.

Breach of perpetual co existence user agreement :

Another critical factor in the court's decision was the termination of the license agreement between the petitioners and the respondents. The respondents had been granted the right to use the "JJ DELUXE" trademark under specific conditions. The petitioners allege that these conditions were breached, rendering the respondents' continued use of the trademark unauthorized.

The court found merit in the petitioners' arguments, particularly given the respondents' acknowledgment of the petitioners' rights to the trademark in previous agreements. The respondents' actions, including their attempt to register the "JJ DELUXE" trademark, were seen as a clear breach of these agreements and an infringement of the petitioners' trademark rights.

Market Confusion and Brand Dilution:

The petitioners also raised concerns about market confusion and the dilution of their brand's goodwill. Trademark law aims to protect consumers from confusion and businesses from having their brand diluted by similar marks. In this case, the petitioners argued that the respondents' use of the "JJ DELUXE" and other "JJ" formative marks created a likelihood of confusion among consumers, leading to potential harm to their business.

The court acknowledged these concerns, noting that the respondents' actions had indeed led to market confusion. The continued use of the disputed trademarks by the respondents was likely to cause further confusion and dilute the petitioners' brand, justifying the need for an injunction.

Injunction Order:

In light of the above considerations, the court granted an injunction restraining the respondents from using the "JJ DELUXE" trademark and other "JJ" formative marks. This decision underscores the importance of protecting trademark rights and enforcing agreements between parties.

The court's decision to grant the injunction, despite the existence of a perpetual co existence user agreement , highlights the complexity of trademark disputes. It also serves as a reminder that the validity and enforceability of such agreements can be challenged, especially when one party's rights are at stake.

Conclusion:

The trademark dispute between Tushar Saraff & Anr. and Manish Kumar Jain & Ors. offers valuable insights into the intricacies of trademark law, particularly in cases involving perpetual co existence user agreement  and prior use. The court's injunction order underscores the need to protect trademark rights and prevent market confusion. 

Case Citation: Tushar Saraff & Anr Vs Manish Kumar Jain:08.08.2024 : IP Comm 21 of 2024: Calcutta High Court: Krishna Rao: H.J.

Advocate Ajay Amitabh Suman

IP Adjutor [Patent and Trademark Attorney]

United & United

Email: amitabh@unitedandunited.com,

Ph no: 9990389539

Disclaimer:

The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.

Mr Sunit Shah Proprietor of M S Shah Vs M S Jabsons Foods Pvt Ltd

The plaintiff, Mr. Sunit Shah Proprietor of M/S. Shah Namkeen, has filed the suit against M/S. Jabson Foods Pvt. Ltd. on the following grounds:

Trademark Infringement:

The plaintiff alleges that the defendant's use of the trademark 'HOT MIX' infringes on their registered trademarks and artistic works, including 'SHAH HOT MIX' and 'SHAH'.The plaintiff has provided evidence of their prior and extensive use of these trademarks since 1977, along with registration details and copyright registrations.

Passing Off:

The plaintiff claims that the defendant's products, which bear a similar mark/label and packaging, are likely to cause confusion among consumers.

The plaintiff argues that this confusion could lead to the passing off of the defendant's products as those of the plaintiff, thereby misleading the public and trade channels.

Goodwill and Reputation:

The plaintiff asserts that their trademarks and artistic works have acquired a secondary meaning and are distinctive in the eyes of the customers, general public, and members of the trade.The plaintiff emphasizes their continuous and extensive use of these trademarks, which have become an intellectual property and a source of goodwill and reputation.

Malafide Intent:

The plaintiff accuses the defendant of malafidely using the mark 'HOT MIX' to create confusion and deception in the mind of the purchasing public.

The plaintiff claims that the defendant's actions are intended to encash the goodwill and reputation of the plaintiff's trademarks.

Likelihood of Confusion:

The plaintiff provides a comparative analysis of the defendant's use of the word 'HOT MIX' and their own use, demonstrating a clear likelihood of confusion. The plaintiff argues that even a cursory glance at the defendant's packaging reveals an intent to imitate the plaintiff's products, leading to potential deception.

Judgment:

Injunction: An ex-parte ad-interim injunction was granted. The specific terms of the injunction are as follows:

Restraint on Use of Infringing Marks:

The defendant, M/S. Jabson Foods Pvt. Ltd., its proprietor, partners, agents, assigns, representatives, heirs, servants, dealers, distributors, franchisees, and anyone acting on its behalf, are restrained from using the trademark/label 'HOT MIX' or any other mark/label that is identical or deceptively/confusingly similar to the plaintiff’s trademark/label 'SHAH HOT MIX' for goods included in Class 30, such as Namkeen, or other similar goods.

Case Citation: Mr Sunit Shah Proprietor of M S Shah Vs M S Jabsons Foods Pvt Ltd:02.08.2024 : CS(COMM) 641/2024: Delhi High Court: Mini Pushkarna: H.J.

Advocate Ajay Amitabh Suman

IP Adjutor [Patent and Trademark Attorney]

United & United

Email: amitabh@unitedandunited.com,

Ph no: 9990389539

Disclaimer:

The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.

Mr. R Arun Vs Integray Health Care

Case Details:

The petitioners filed an Original Petition under Section 19 read with Section 4 of the Designs Act, 2000, seeking the cancellation of the registration of a design (Design No. 400027-001) granted to the first respondent by the fourth respondent. The petitioners argued that the Designs Act, 2000 does not explicitly oust the jurisdiction of the High Court, and thus, their petition for design cancellation should be maintainable before the court.

Arguments and Submissions:

Petitioners Argument:

The Designs Act, 2000 is not a complete code and refers to the Patents Act, 1970.

There is no express ouster of the court's jurisdiction in the Designs Act, 2000.

Compared other intellectual property acts (Trademarks Act, 1999, Copyright Act, 1957, Patents Act, 1970, and Geographical Indication Act, 1999) which allow for applications to be made to the High Court.

It would be unfair to direct the petitioner to Kolkata for cancellation when both parties are in Chennai.

Respondents' Argument:

The High Court is the appellate forum against the Controller's order under Section 19 of the Designs Act, 2000.

The court cannot act as a Controller and decide on the cancellation of registration.

Judgment:

The court held that the Original Petition is not maintainable as per Section 19 of the Designs Act, 2000, which mandates that petitions for cancellation of design registration be made to the Controller.

The court dismissed the petition but granted the petitioner liberty to move the jurisdictional Controller within 60 days, with instructions to the Controller to consider the application on its merits without delay.

Conclusion:

The High Court of Judicature at Madras dismissed the Original Petition for design cancellation, directing the petitioner to approach the Controller having jurisdiction. The court clarified that under the Designs Act, 2000, the jurisdiction for cancellation of design registration lies with the Controller, and an appeal from the Controller's order can be made to the High Court.

Case Citation:Mr. R Arun Vs Integray Health Care:11.07.2024 : OP (PT) No.2 of 2024: Madras High Court: P.B.Balaji: H.J.

Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com,
Ph no: 9990389539

Disclaimer:

The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.

TTK Prestige Ltd. Vs Baghla Sanitaryware

Case Background:

TTK Prestige Limited filed a suit against Baghla Sanitaryware Private Limited & Ors. for infringement of their registered trademark 'PRESTIGE' and copyright infringement of the PRESTIGE logo. The plaintiff claimed continuous, extensive, and exclusive use of the trademark 'PRESTIGE' in relation to kitchenware since 1955 and adopted a distinctive logo with an arc in 1999. The defendants were found using the trademark 'PRESTIGE' in their business of manufacturing and selling sanitaryware, leading to the plaintiff's legal action.

Issue:

The plaintiff sought to place additional documents on record to support their claim of prior use of the trademark 'PRESTIGE' since 1955. The defendants opposed the application, arguing that the plaintiff's application was belated and an attempt to introduce documents that should have been filed earlier.

Ground:

The plaintiff, TTK Prestige Limited, sought to place additional documents on record on several grounds:

Rebuttal to Defendants' Documents: The plaintiff claimed that the additional documents were necessary to rebut the documents filed by the defendants. The defendants had filed documents to support their claim of using the trademark 'PRESTIGE' since 2005, and the plaintiff sought to counter this with evidence of their prior use.

Discovery of New Documents: The plaintiff stated that they had discovered relevant documents from a previously disposed-of suit (Suit No. 289/08/1991) after the defendants filed their written statement. These documents, which were part of the evidence in the prior suit, were now sought to be placed on record to support their claim of continuous and exclusive use of the trademark 'PRESTIGE' since 1955.

Compliance with Order XI Rule 1(5) CPC: The plaintiff relied on the provisions of Order XI Rule 1(5) of the Code of Civil Procedure, 1908, which allows for the filing of additional documents with the leave of the court if reasonable cause for non-disclosure is established. The plaintiff argued that the test of "reasonable cause" was satisfied as they had searched for and discovered these documents after the defendants' claims and that no prejudice would be caused to the defendants since the trial had not yet commenced.

Precedent Set by the Court: The plaintiff pointed out that the Court had allowed the defendants' application for additional documents (I.A. 14694/2022) on 27th February, 2023. They argued that the same principles should apply to their application, given the similar circumstances and the need for procedural fairness.

Necessity to Establish Prior Use: The plaintiff emphasized the necessity of the additional documents to establish their prior use of the trademark 'PRESTIGE' since 1955, which was crucial to their case against the defendants' claim of use since 2005.

In summary, the plaintiff's grounds for seeking to place additional documents on record included the need to rebut the defendants' claims, the discovery of new evidence, compliance with legal provisions, following established precedents, and the necessity to prove their case.

Judgment:

The Court dismissed the plaintiff's application under Order XI Rule 1(5) CPC to place additional documents on record. The Court found that the plaintiff had multiple opportunities to file relevant documents and that their application was belated. The Court emphasized the importance of strict adherence to the deadlines imposed by the Commercial Courts Act and the Code of Civil Procedure, 1908.

Legal Precedents:

The Court referred to decisions such as Sugandhi & Anr. v. P. Rajkumar, Vijay Kumar Varshney v. Longlast Power Products Ltd. & Anr., and CEC-CICI JV & Ors. v. Oriental Insurance Company Limited to highlight the importance of procedural compliance and the strict interpretation of deadlines in commercial suits.

Conclusion:

The High Court of Delhi at New Delhi, in its judgment, underscored the significance of procedural compliance and the need for parties to diligently file all relevant documents within the prescribed deadlines. The Court's decision serves as a reminder of the strict adherence required to the Commercial Courts Act and the Code of Civil Procedure in commercial disputes

Case Citation: TTK Prestige Ltd. Vs Baghla Sanitaryware:07.02.2024 : CS(COMM) 281/2021: 2024: DHC:1149: Delhi High Court: Anish Dayal: H.J.

Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]

Sonoo Jaiswal Vs Oracle America

Background:

Oracle America Inc., a corporation incorporated under the laws of California, USA, and part of the Oracle Group of companies, filed a suit against Sonoo Jaiswal and Others for trademark infringement and passing off. The suit sought a permanent injunction against the use of the trademark "JAVATPOINT" and the domain name "www.javatpoint.com," alleging that these infringe Oracle's trademark "JAVA." Oracle also sought damages and other reliefs.

Issues:

Whether the use of "JAVA" in the domain name "www.javatpoint.com" constitutes trademark infringement.

Whether the use of the trademark "JAVATPOINT" amounts to passing off.

Judgment:

The High Court of Delhi upheld the decision of the learned Single Judge, finding that the use of "JAVA" in the domain name "www.javatpoint.com" and the trademark "JAVATPOINT" infringed Oracle's trademark "JAVA." The Court reasoned that the domain name and trademark were likely to cause confusion among internet users, leading them to believe that there was an association between the appellants and Oracle. The Court also noted that the appellants had changed their corporate names to "TPOINT Global Ltd." and "TPOINT Tech Pvt. Ltd.," but this did not affect the infringement of the domain name.

Conclusion:

The appeal was dismissed, and the impugned judgment was upheld. The Court found that the use of "JAVA" in the domain name and trademark by the appellants constituted an infringing use, and there was no ground to interfere with the learned Single Judge's decision.

Key Legal Points:

The Court emphasized that a domain name, which incorporates a trademark, can serve as a business identifier and may lead to trademark infringement if it causes confusion among users.

The Court referred to the Satyam Infoway Ltd. v. Siffynet Solutions (P) Ltd. case, which established that domain names can be subject to trademark law principles, including passing off.

The Court also cited the Internet Corporation for Assigned Names and Numbers (ICANN) policy, which prohibits the registration of domain names that are identical or confusingly similar to trademarks.

Outcome:

The appeal by Sonoo Jaiswal and Others was dismissed, and the injunction against the use of "JAVA" in their domain name and trademark was upheld.

Case Citation: Sonoo Jaiswal Vs Oracle America:09.07.2024 : FAO(OS) (COMM) 98/2024: 2024 DHC:5168: Delhi High Court: Vibhu Bakhru and Sachin Dutta: H.J.

Advocate Ajay Amitabh Suman

IP Adjutor [Patent and Trademark Attorney]

Sanchit Gupta Vs Union of India

Factual Background:

Sanchit Gupta, an IT Consultant, had his social media account suspended by X Corp. without prior notice or explanation. This suspension led to a loss of advertising revenue and alleged shadow banning, prompting Gupta to file a writ petition alleging a breach of natural justice, equity, and fairness.

Issues Raised:

The petitioner argues that the suspension of his account by X Corp. violates his fundamental rights under the Indian Constitution, including freedom of speech and expression, assembly, and association.

Gupta claims that X Corp. performs a 'public function' and is thus amenable to constitutional scrutiny, despite being a private entity.

The petitioner seeks a writ of mandamus to compel the Union of India to enforce the Information Technology Act, 2000, and related rules against X Corp.

Judgment:

Justice Sanjeev Narula dismissed the writ petition, stating that the allegations are primarily against a private entity, X Corp., and that the petitioner's recourse should be through civil litigation for breach of contract rather than constitutional violation. The court found that X Corp. does not perform a 'public function' as defined under Article 226, and thus, the writ petition is not maintainable. The court also noted that there was no evidence of neglect or failure to act by the Union of India to justify the issuance of a writ of mandamus.

Conclusion:

The High Court of Delhi dismissed the writ petition, emphasizing that the proper legal recourse for the petitioner would be through civil courts for contractual disputes. The judgment underscores the distinction between private entities' actions and constitutional violations, and the limited scope of writ jurisdiction under Article 226 for private entities not performing 'public functions'.

Case Citation: Sachit Gupta Vs Union of India:23.07.2024 : 2024:W.P.(C) 10030/2024: DHC:5723: Delhi High Court: Sanjeev Narula: H.J.

Advocate Ajay Amitabh Suman

IP Adjutor [Patent and Trademark Attorney]

Sai Trading Company Vs KRBL Limited

The appeal was filed challenging an order dated 16th May, 2017, which restrained the appellant from using the trademark "GOLDEN GATE" in relation to rice and other goods. The appellant's counsel sought discharge from appearance due to failed mediation and lack of instructions from the appellant.

Key Developments:

The appellant's counsel repeatedly sought discharge from appearance, citing failed mediation and lack of instructions.

The Court issued notices to the appellant, which were returned unserved, indicating the appellant's disinterest in pursuing the appeal.

The respondent's counsel highlighted the prolonged pendency of the matter, the costs incurred by the respondent, and the judicial time consumed.

Decision:

The Court dismissed the appeal for non-prosecution and default, noting the appellant's lack of interest and the repeated failures to pursue the case effectively. The Court imposed a cost of ₹10 lacs payable by the appellant to the respondent within eight weeks.

he appeal filed by M/S SAI TRADING COMPANY was dismissed due to the following reasons:

Non-Prosecution: The appellant demonstrated a clear lack of interest in pursuing the appeal. The repeated failures to provide instructions to their counsel and the repeated requests for discharge from appearance indicated that the appellant was not actively engaging with the legal process.

Lack of Appearance: The appellant did not take any steps to appear before the court, either personally or through another counsel, despite being issued notices by the court. The notices sent to the appellant were returned unserved, as the appellant could not be located at the provided address.

Failed Mediation: The court noted that mediation attempts between the parties had repeatedly failed. The appellant's counsel informed the court that the mediation process had not yielded any results, further indicating the appellant's disinterest in resolving the matter.

Judicial Time and Costs: The respondent's counsel highlighted that the matter had been pending since 2017 and had already gone through 36 hearings. The respondent had incurred various costs in defending the appeal, including the engagement of a Senior Advocate on multiple occasions. The court took note of the substantial judicial time and resources that had been consumed due to the appellant's negligence.

Precedent and Guidelines: The court referred to previous judgments and guidelines related to the imposition of costs in commercial matters. These judgments emphasized the importance of maintaining the integrity of the judicial process and the need to penalize parties who waste judicial time and resources.

Case Citation: Sai Trading Company Vs KRBL Limited:29.07.2024 : W.P.(C) 10030/2024: 2024:DHC:5864-DB: Delhi High Court: Mini Pushkarna H.J.

Advocate Ajay Amitabh Suman

IP Adjutor [Patent and Trademark Attorney]

RC Plasto Vs Ganesh Gauri Indistries-DB

This is a judgment delivered on August 5, 2024, by the High Court of Delhi in the case of RFA(OS)(IPD) 1/2023, involving R. C. Plasto Tanks and Pipes Pvt. Ltd. (the appellant) and Ganesh Gouri Industries & ANR (the respondent). The appellant challenged the copyright registration of the respondent's artwork titled "Gauri Aqua Plast" (Label), registered under No. A-142047/2022, claiming it to be a colorable imitation of their own registered trademark "Plasto" and artistic label registration A-142461/2022.

The appellant argued that there was a substantial similarity between the competing artistic works and that the respondent was aware of the appellant's marks, having given an undertaking in a previous suit not to use similar marks. The appellant also emphasized their prior use of the "Plasto" artwork and the settlement reached in the previous suit, which included the respondent's agreement not to use certain marks.

The respondent's counsel argued that there was no similarity between the works and that the appellant failed to demonstrate that the respondent's copyright was not original.

The court, in its analysis, referred to the Copyright Act, 1957, and the principles of copyright infringement, noting that the test for infringement is the visual appearance and the overall impression of the work. The court found that the works were not identical and that the only common feature was the word "PLAST," which is a derivative of "Plastic." The court also considered the undertaking given by the respondent in the previous suit but concluded that the appellant could not benefit from it in this case due to the distinctiveness of the competing works.

The court held that the appellant failed to prove that the respondent's work was a colorable imitation or substantial reproduction of the appellant's copyright. The court dismissed the appeal, finding no infirmity in the impugned judgment, and upheld the copyright registration of the respondent.

Case Citation: RC Plasto Vs Ganesh Gauri Indistries-DB:05.08.2024 : RFA(OS)(IPD) 1/2023: 2024:DHC:5787-DB: Delhi High Court: Vibhu Bakhru and Amit Mahajan. H.J.

Advocate Ajay Amitabh Suman

IP Adjutor [Patent and Trademark Attorney]