Summary
The Delhi High Court issued an ex-parte interim injunction against Audi AG, preventing the use of the TT mark for sporting articles, accessories, bags, leather goods, and toy cars in India. TT Industries, established in 1955, claimed prior use and registration of the TT trademark across multiple product categories. The Court found that Audi's use of TT as a brand name would amount to infringement, given TT Industries’ long-standing and widespread trademark registrations. Audi TT, while known as a sports car, derives its name from a historical racing event, but this did not override Indian trademark rights. Audi AG was directed to file its reply by November 2015.
Background
TT Industries, a Delhi-based trading company established in 1955, obtained an ex-parte interim injunction from the Delhi High Court restraining Audi AG from using the mark “TT” in connection with the sale of sporting articles, accessories, bags, leather and faux leather goods, and toy cars in India. TT Industries claims to deal in a wide range of goods including fashion and export textiles, agro-products, ready-made garments, textile piece goods, hosiery items, yarns, edible foods, confectioneries, wind mill equipment, sweets, hand tools, small machineries, cosmetic items, medical products, surgical aids, band aids, electronic and electrical apparatus, agricultural implements, bags, and building materials, which are available through online and offline channels across the country.
The Delhi High Court Order
The Delhi High Court issued an ex-parte interim injunction restraining Audi AG from using the name “TT” as a brand name for its goods in India. The Court took the view that use of TT as a brand by Audi AG would amount to trademark infringement, as the trademark TT had already been registered by TT Industries. TT Industries claims to be a well-known multi-product global brand operating in 65 countries, and states that it has registered the mark “T.T.” in almost all classes. TT Industries has been using the trademark since 1968 and obtained its first registration in 1970. Eighty-seven trademark applications by TT Industries have received registration. Audi AG was directed to file its reply by November 2015.
Background to the Audi TT Name
The Audi TT is a sports car produced by the Volkswagen Group. The name originates from NSU (Neckarsulm Strickmaschinen Union) and its participation in the British Isle of Man Tourist Trophy (TT) motorcycle race. NSU began competing in the TT race in 1911 and subsequently merged into what is now known as Audi. The name “Audi TT” has also been attributed to the phrase “Technology & Tradition”.
Significance
The case illustrates the potential for trademark conflicts where a well-established Indian mark and a globally recognised foreign brand share an identical designation across different classes of goods. The outcome of the main proceedings before the Court would determine whether the coexistence of the two marks in India is sustainable.
Disclaimer
This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.