Latest Trademark Cases in 2021 – Part 9

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Hindustan Unilever Limited v. Vansh Cosmetic and Anr

In this case, the Plaintiff was the true proprietor of the marks “LAKME”, “LAKME NINE TO FIVE, NINE TO FIVE”, “9 to 5”, “LAKME EYECONIC”, “LAKME ABSOLUTE”, “LAKME ABSOLUTE WHITE INTENSE”, “LAKME ABSOLUTE ARGAN OIL RADIANCE” and many others, which had been successful in the market since 2011. Around July 2021, it was found that the Defendants were selling the counterfeit cosmetic products/goods of “LAKME” brand the counterfeit products were a blatant imitation and obvious copy of the artistic work, trade dress or the overall colour scheme of the original, which in turn might have led to deception and confusion amidst the general public. The plaint also averred the apprehension that the Defendant’s products were of an inferior quality and could thus be a health threat to the users. Thereby it was submitted that the Defendant was infringing the registered trademarks and copyrights actually owned by the Plaintiff.

The Court agreed found a clear case of prima facie infringement of the trademarks and copyrights owned by the Plaintiff, and found that the evident and deceptive similarity between the two could not be a mere coincidence. Thus, the court granted an ex-parte ad interim order restraining the Defendant from manufacturing/ packaging/ printing/ selling/ distributing any counterfeit products/goods bearing marks deceptively similar to the Plaintiff’s registered marks. The Court also appointed a Court Receiver as receiver of the defendants’ counterfeit goods bearing the impugned marks or the pirated artistic works. As per the said order the Court commissioner was vested with the powers to execute this said order was held to be in operation till 17th September 2021.

Citation: Hindustan Unilever Limited vs Vansh Cosmatic and Anr, Decided by Bombay High Court on 27 July, 2021, available at : https://indiankanoon.org/doc/115803403/, visited on 26th September 2021.

 

Global Car Group Pte Ltd & Anr Vs Mr Krishi Ramesh Khandelwal & Ors.

The Plaintiff, Global Car Group PTE Ltd. & Anr., filed an application under Order 39 Rule 1 and 2 of the Civil Procedure Code 1908 seeking a prima facie ex-parte injunction to restrain the Defendant, Mr. Krishna Ramesh Khandelwal & Ors., from using or offering for sale, advertising, or dealing in goods infringing the trademarks of the Plaintiffs specifically, “Bikes24x7” or any other identical or deceptively similar ’24 Formative Marks’. The Plaintiff has been using the trademarks since \2015 and the concept combining the words ‘Cars’, ‘Funding’, ‘Auction’ and ‘Unnati’ along with the number ’24’ was an essential feature of all the trademarks of the Plaintiff. The Plaintiff while conducting a search for the word ‘Bikes24’ came across the Defendant’s mark, which was infringing the Plaintiff’s trademarks in connection with its second-hand/refurbished motorcycles business. The Defendant was also operating the website www.bikes24x7.com and had filed a trade mark application for the mark in class 35 which was pending before the Registrar of Trademarks. The Plaintiff had previously issued a cease-and-desist notice to the Defendant. The court stated that it was clear that the Defendant was prima facie trying to adopt a mark which was deceptively similar to the Plaintiff’s trademark, and thus restrained the Defendant from selling, offering for sale, advertising, or dealing in goods or services bearing the infringing marks, or any other trade mark which was identical to the Plaintiff’s trademarks until further orders were given by the court. The Defendant was also directed to suspend the use of domain name https://bikes24x7.com/within three weeks from the date of the receipt of the order.

Citation: Global Car Group Pte Ltd & Anr vs Mr Krishi Ramesh Khandelwal & Ors, Decided by the Delhi High Court on 21stSeptember, 2021, available at: Global Car Group Pte Ltd & Anr vs Mr Krishi Ramesh Khandelwal & Ors, visited on 24th September, 2021.

 

P.Kanthilal vs Shetan Singh

Kanthilal, the Plaintiff, filed a suit seeking a permanent injunction and damages against Shetan Singh, the defendant, for infringement and passing off of the Plaintiff’s trademark. Plaintiff claimed to own the trademark “PREETHI” and acquired distinctiveness as a result of continuous and extensive use and promotion since 1998. The Plaintiff became aware that the Defendant was infringing and passing off the Plaintiff’s trademark by using the identical mark PREETHI/RREETHI for identical goods as those manufactured and marketed by the Plaintiff and thereby diverting customers looking for the Plaintiff’s products. The Defendant claimed that the registration of the Plaintiff’s mark was currently the subject matter of rectification proceedings before Registrar of Trademarks, Chennai under rectification filed by M/s.Maya Appliances Limited on 10.4.2006 and was pending for adjudication and hence there could be no infringement suit against the Defendant. The court held the Defendant liable for infringement, permanently restrained the Defendant from infringing and passing off the Plaintiff’s registered trademark PREETHI by using the identical and deceptively similar trademark PREETHI/RREETHI or any other identical or deceptively, confusingly similar trademark in relation to the goods manufactured and traded by the Plaintiff.

Citation: P.Kanthilal vs Shetan Singh on 30 August, 2021, decided by Addl. City Civil Judge Bangalore City, available at P.Kanthilal vs Shetan Singh on 30 August, 2021, visited on September 9, 2021

 

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