Latest Trademark Cases in 2021 – Part 5

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Cross Fit LLC vs Mr. Renjith Kunnumal & Anr.

The Plaintiff herein used ‘CrossFit’, a registered word and device mark, on a global basis for fitness & training services as well as its domain name www.crossfit.com. The Defendants were found using the name “SFC CROSSFIT” while imparting identical gym and fitness services, in their advertisements, website, social media handles, etc. Aggrieved by the same the Plaintiff filed a suit before the High Court of Delhi and an application seeking interim injunction. The averments in the plaint, remained uncontested by the Defendants hence, they were deemed to be true based on the principle of non-traverse. The Court pointed out that the word “CrossFit” was entitled to an enhanced degree of protection as it had no known etymological significance. The Court concluded that a prima facie case and balance of convenience for grant of interim injunction existed in the plaintiff’s favour. The Defendants were injuncted from using the mark “CrossFit” or any other identical or deceptively similar mark offline or online. They were also directed to take down their website and domain name www.sfccrossfit.com as well as all listings, posts, pictures etc. from all sites on the internet including their social media webpages.

Citation: Cross Fit LLC vs Mr Renjith Kunnumal & Anr. [I.A. 6927/2021 in CS (COMM) 251/2021] Decided by High Court of Delhi on 8th July, 2021, available at: Cross Fit Llc vs Mr Renjith Kunnumal & Anr., visited on 8th July, 2021.

ITC Limited vs Maurya Hotel (Madra) Pvt Ltd

In this case, the Madras High Court allowed the plaintiff to add a relief for trademark infringement to a passing off suit based on subsequent registration of the trademark by the plaintiff. The Court in the case pointed out that adding a relief is permitted, and helps in avoiding multiplicity of suits. It also stated that the outcome might be different if the application was for conversion of the plaint from the relief of passing off to infringement.

Citation : ITC Limited vs Maurya Hotel (Madra) Pvt Ltd, Decided by Madras High Court on 22nd July, 2021, available at: https://indiankanoon.org/doc/36231681/, visited on 26th July, 2021.

M/S Praba'S V Care Health ... vs M/S I-Care Aesthetic Clinic

This case involved a dispute between an employer and its ex-employee. The plaintiff in the case registered the trademark ‘V Care,’ which was given registration with the limitation that no protection will extend to ‘Care.’
The defendant in the case started a competing business in related goods/services pertaining to personal and health care with the mark ‘I Care.’ The plaintiff sued for infringement, and the Court dismissed the case summarily.

While arriving at its decision, the Court stated that the marks are dissimilar, and that there is no likelihood of confusion between the two marks. It pointed out that the word ‘care’ is publici juris, and that use of the word in a trademark will not give rise to liability.

Citation: M/S Praba’S V Care Health Clinic … vs M/S I-Care Aesthetic Clinic , Decided by Madras High Court on 29th July, 2021, available at: M/S Praba’S V Care Health vs M/S I-Care Aesthetic Clinic, visited on 31st July, 2021.

This post is brought to you by BananaIP’s IP Consulting & Strategy Department.

BananaIP’s IP Consulting & Strategy Department has the experience of helping companies use IP for business and competitive advantage. Companies regularly seek their assistance, advise and opinions on identifying/mining inventions and creations, conducting IP audits, protecting IP assets appropriately, launching risk free products, managing litigation for business benefit, resolving disputes out of Court, making money out of IP, enforcing IP, and licensing transactions.

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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