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Latest Trademark Cases in 2021 – Part 3
This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country.
Sony Corporation vs. K. Selvamurthy
In this case, Sony Corporation filed a trademark infringement suit claiming dilution of its well-known SONY trademark against a sole proprietor running a tours and travels business under the name, Sony Tours and Travels. After analyzing the facts before it, the District Court came to the conclusion that the defendant did not take unfair advantage of, or cause detriment to the distinctive character or repute of the plaintiff’s SONY mark. The Court came to this conclusion as Sony Corporation’s business is limited to electronics and media, which could be differentiated from the tours and travels of the defendant. The Court also noted that the use of the word, Sony by the defendant did not cause any confusion among the consumers. It also took note of the inordinate delay of the plaintiff in approaching the Court, and granted defendants Rs. 25, 000/- as costs.
Citation: Sony Corporation Vs. K. Selvamurthy, Decided by Bangalore District Court on 18th June, 2021, available at: https://indiankanoon.org/doc/22176292/, visited on 22nd June, 2021.
M/S. Dabur India Limited vs. Bison Laboratories Private…
In this case, the Madras High Court granted a permanent injunction against the use of the mark, ODOSOL, by the defendant for cleaning preparations. The plaintiff in the case had a registered trademark over ODOPIC. After citing a Supreme Court judgment, the Court came to the conclusion that the mark, ODOSOL, is confusingly and deceptively similar to the mark, ODOPIC. The Court took note of the fact that an injunction was operating against the defendant for about twenty years while granting the permanent injunction.
Citation: M/S.Dabur India Limited vs Bison Laboratories Private …, Decided by Madras High Court on 22 June, 2021, available at: https://indiankanoon.org/doc/171318470/, visited on 28th June, 2021.
V3 Events And Entertainments … vs V3 Entertainments/V3 Artists
In this case,, the plaintiff sued the defendants for using its trademark, V3, on social media platforms and to carry out their business. After reviewing the facts, the District Court came to the conclusion that the trademark usage by the defendants is deceptive, and that such usage is likely to cause confusion among consumers seeking wedding and event management services. The Court therefore restrained the defendants from using the V3 trademark on websites, Facebook, Instagram, Google Plus, and other social media platforms in addition to a general restraint from using the plaintiff’s mark.
Citation: V3 Events And Entertainments … vs V3 Entertainments/V3 Artists, Decided by a District Court in Delhi on 1 July, 2021, available at: https://indiankanoon.org/doc/7857343/, visited on 7th July, 2021.