Summary
The Delhi High Court granted ex parte ad interim injunctions to Hindware, restraining B.S. Tiles & Ors. from infringing Hindware’s trademarks and registered design relating to sanitaryware products. Hindware demonstrated its longstanding market presence, multiple trademark registrations, and ownership of a registered design for a water closet with cistern. The court found the Defendants’ products to be similar in trade dress and marks, likely causing consumer confusion and harming Hindware’s reputation. Local commissioners were appointed to seize infringing materials and ensure compliance, with the matter set for further hearing on January 8, 2025. This decision reinforces the judicial approach toward protecting trademark and design rights under Indian law.
In a case involving Hindware Limited (“Hindware”) and B.S. Tiles & Ors. (“Defendants”), the Delhi High Court granted ex parte ad interim injunctions in favor of Hindware, restraining the Defendants from infringing Hindware’s trademarks and registered design. Hindware, a prominent manufacturer of sanitaryware products, alleged that the Defendants were manufacturing and selling counterfeit products bearing the “Hindware” mark and replicating its registered design.
Hindware contended that it has been a leading brand in sanitaryware for over 50 years, holding multiple trademark registrations for “Hindware” and allied marks across various classes. It also owns the registered design No. 347331-001 for a “Water Closet with Cistern.” The company provided evidence of its goodwill, substantial market presence, and customer recognition, arguing that the Defendants’ actions amounted to trademark and design infringement, passing off, and unfair competition.
The court noted the similarity between the Defendants’ products and Hindware’s registered design and trademark, observing that the infringing products bore identical trade dress and marks. It held that such actions were likely to cause confusion among consumers and harm Hindware’s reputation. Considering the prima facie case and the balance of convenience in Hindware’s favor, the court restrained the Defendants from manufacturing, selling, or marketing products bearing the “Hindware” trademark and design.
Further, the court appointed local commissioners to visit the Defendants’ premises to seize infringing materials, ensure compliance, and report findings. The commissioners were directed to execute the orders with police assistance if required. The case will next be heard on January 8, 2025.
Citation: Hindware Limited v. B.S. Tiles & Ors., CS(COMM) 733/2024 (H.C. Delhi Aug. 29, 2024) Available at: https://indiankanoon.org/doc/42501287/
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