Latest Trademark Cases in 2021 – Part 13

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Walmart Apollo Llc vs Aayush Jain & Anr

In this case, the Plaintiff owns a registered trademark for WALMART / WAL-MART. The Defendant applied for WMART and allegedly used since April, 2019. The Plaintiff filed an infringement suit against the Defendant, who was using ‘WMart’ and www.wmartretail.com. The Plaintiff prayed for an injunction during the pendency of the suit, which the Court granted until the next date of hearing.

Citation: Walmart Apollo Llc vs Aayush Jain & Anr, Decided by Delhi High Court on 12 November, 2021, available at: https://indiankanoon.org/doc/121804661/, visited on 16th November, 2021.

Khandelwal Edible Oils Limited vs Landsmill Agro Private Limited

In this case, the Plaintiff registered a trademark on the word “Chakra” for edible oils. The Defendant in the case was using the marks “CHAKRA KOLHU”, “CHAKRIKA” and “CHAKRESH” for its oil products. The Court in the case granted an interim injunction in favour of the Plaintiff with respect to the Defendant’s use of “CHAKRA KOLHU”, but allowed the Defendant to file a reply before making a decision on “CHAKRIKA” and “CHAKRESH.” Though the Defendant argued that the word “Chakra” is commonly used in the industry, the Court opined that the Defendant’s use of the mark with yellow lettering with black background like the Plaintiff warrants an interim injunction.

Citation: Khandelwal Edible Oils Limited vs Landsmill Agro Private Limited, Decided by Delhi High Court on 12 November, 2021, available at: https://indiankanoon.org/doc/66419635/, visited on 16th November, 2021.

Y.V. Seshachalam and Co. v. Sri Om Sai Traders

The Plaintiff, engaged in trading pooja products, sought a permanent injunction against the Defendant for infringing its registered trademark despite having issued a Cease-and-Desist notice. The Plaintiff alleged that the Defendant’s trademark ‘GOKULAM’ was phonetically similar to ‘GOPURAM’, and claimed that the Defendant adopted the Plaintiff’s colour scheme with the intent to pass off its goods as that of the Plaintiff’s. The High Court of Madras acknowledged the similarity of trademarks and opined that the Defendant had deliberately adopted a similar colour scheme to mislead an average consumer into thinking that the product belonged to the Plaintiff. The Court verified the Plaintiff’s stronghold in the market by perusing various trade-related certificates that were submitted. The relief sought by the Plaintiff restraining the Defendants from further infringement of trademark was granted, and the Court imposed exemplary costs of Rs. 50,000 for the act of infringement. However, due to lack of evidence that proved unjust enrichment of trademark, the Court denied a relief that directed the Defendant to surrender the accounts of profits earned during the period of infringement.

Citation: Y.V. Seshachalam and Co. v. Sri Om Sai Traders on 9th September, 2021, available at Y.V. Seshachalam and Co. v. Sri Om Sai Traders https://indiankanoon.org/doc/71243154/, visited on 13th November, 2021.

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Updates on recent orders and judgments are brought to you jointly by the Entertainment Law and Consulting/Strategy Divisions of BananaIP Counsels, a Top ranked IP Firm in India. If you have any questions, or need any clarifications, please write to contact@bananaip.com  with the subject: Trademark Judgements

Disclaimer

Please note that these case updates have been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the decisions published in the bulletin. You may write to contact@bananaip.com  for corrections and take down.

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