Information on this blog is being shared only for the purpose of creating legal awareness in public at large, especially in the field of Intellectual Property Right. As there may be possibility of error, omission or mistake in legal interpretation on the contents of this blog, it should not be treated as substitute for legal advise. [ADVOCATE AJAY AMITABH SUMAN, EMAIL: ajayamitabh7@gmail.com, Mob:09990389539]
Monday, August 12, 2024
Falcon Autotech Pvt. Ltd. Vs Kengic Intelligent Technology Co. Ltd.
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.
Mr Sunit Shah Proprietor of M S Shah Vs M S Jabsons Foods Pvt Ltd
Sunday, August 11, 2024
Mr. R Arun Vs Integray Health Care
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com,
Ph no: 9990389539
Saturday, August 10, 2024
TTK Prestige Ltd. Vs Baghla Sanitaryware
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
Sanchit Gupta Vs Union of India
Sai Trading Company Vs KRBL Limited
Blog Archive
- January 2025 (30)
- October 2024 (8)
- September 2024 (34)
- August 2024 (68)
- July 2024 (39)
- June 2024 (57)
- May 2024 (49)
- April 2024 (6)
- March 2024 (44)
- February 2024 (39)
- January 2024 (21)
- December 2023 (29)
- November 2023 (23)
- October 2023 (29)
- September 2023 (33)
- August 2023 (29)
- July 2023 (29)
- June 2023 (2)
- May 2023 (1)
- April 2023 (5)
- March 2023 (6)
- February 2023 (1)
- November 2022 (17)
- October 2022 (11)
- September 2022 (30)
- August 2022 (47)
- July 2022 (37)
- June 2022 (26)
- October 2020 (1)
- September 2020 (1)
- April 2020 (1)
- March 2020 (1)
- February 2020 (2)
- December 2019 (1)
- September 2019 (3)
- August 2019 (2)
- July 2019 (1)
- June 2019 (2)
- April 2019 (3)
- March 2019 (2)
- February 2019 (2)
- January 2019 (2)
- December 2018 (3)
- November 2018 (1)
- October 2018 (2)
- September 2018 (2)
- August 2018 (8)
- July 2018 (2)
- June 2018 (1)
- May 2018 (41)
- April 2018 (7)
- March 2018 (3)
- February 2018 (4)
- January 2018 (2)
- December 2017 (6)
- November 2017 (4)
- September 2017 (5)
- August 2017 (6)
- July 2017 (1)
- June 2017 (1)
- May 2017 (10)
- April 2017 (16)
- November 2016 (3)
- October 2016 (24)
- March 2015 (2)
- January 2014 (1)
- December 2013 (4)
- October 2013 (2)
- September 2013 (7)
- August 2013 (27)
- May 2013 (7)
- September 2012 (31)
- December 2009 (3)
- September 2009 (1)
- March 2009 (3)
- January 2009 (2)
- December 2008 (1)
Featured Post
WHETHER THE REGISTRAR OF TRADEMARK IS REQUIRED TO BE SUMMONED IN A CIVIL SUIT TRIAL PROCEEDING
WHETHER THE REGISTRAR OF TRADEMARK IS REQUIRED TO BE SUMMONED IN A CIVIL SUIT TRIAL PROCEEDING IN ORDER TO PROVE THE TRADEMARK REGISTRA...
-
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 317/2018, CAV 617/2018 & CM AP...
-
==================== Judgement Date:29.08.2022 Case No. CM (M) IPD 2 of 2022 Hon'ble High Court of Delhi Prathiba M Singh, H.J. Institu...
My Blog List
-
मछलियों में घड़ियाल - गीता-विà¤ूति योग श्रीà¤à¤—वानुवाच “प्रह्लादश्चास्मि दैत्यानां कालः कलयतामहम्। मृगाणां च मृगेन्द्रोऽहं वैनतेयश्च पक्षिणाम्।।” मैं दैत्यों में प्रह्लाद और ग...2 weeks ago
-
Deepfake Technology: Unveiling The Challenges And Protective Measures - Introduction: The rapid evolution of technology has propelled humanity into an era of unprecedented progress and connectivity. However, as with any doubl...1 year ago
-
-
My other Blogging Links
- Ajay Amitabh Suman's Poem and Stories
- Facebook-My Judgments
- Katha Kavita
- Lawyers Club India Articles
- My Indian Kanoon Judgments
- Linkedin Articles
- Speaking Tree
- You Tube-Legal Discussion
- बेनाम कोहड़ा बाजारी -Facebook
- बेनाम कोहड़ा बाजारी -वर्ड प्रेस
- बेनाम कोहड़ा बाजारी-दैनिक जागरण
- बेनाम कोहड़ा बाजारी-नवà¤ारत टाइम्स
- बेनाम कोहड़ा बाजारी-ब्लॉग स्पॉट
- बेनाम कोहड़ा बाजारी-स्पीकिंग ट्री