Delhi based TT Industries, established in 1955, has managed to restrain the famous German auto maker Audi from using the mark “TT” from selling sporting articles, accessories, bags, leather and faux leather goods, or toy cars in India.
TT Industries proprietor Rikab Chand Jain, filed a plaint after being aware of, Audi AG using the mark TT, to promote and sell their goods. TT Industries claims to deal in fashion and export textiles, agro-products, ready-made garments, textile piece goods, hosiery items, yarns, edible foods, confectioneries, wind mill, sweets, hand tools, small machineries, cosmetic items, medical products, surgical aids, band aids, electronic and electrical apparatus, agricultural implements, bags, building materials etc. These items are available online and offline even in the remotest part of the country.
The Delhi High Court, in an order on July 21, 2015 issued an ex-parte interim injunction restraining Audi AG from using the name ‘TT’ as a brand name for its goods in India. The Court believed that use of TT as a brand by Audi AG, will amount to trademark infringement as the trademark TT, has already been registered by TT industries. TT industries claims to be a well known multi product global brand in 65 countries; and claims to have registered the mark “T.T.” in almost all classes. TT industries has been using the trademark since 1968 and got its first registration in 1970. Presently, eighty seven trademark applications by TT industries have got registration.
Audi TT, is a specially designed sports car, which is being sold by Volkswagen Group, which is a subsidiary of Audi Group. The name “Audi TT” comes from the successful motor racing tradition of NSU (Neckarsulm Strickmaschinen Union) in the British Isle of Man, at the Tourist Trophy (TT) motorcycle race. NSU began competing in the TT in 1911, and later merged into the company now known as Audi. The TT name has also been attributed to the phrase “Technology & Tradition”.
Audi AG has been ordered by Court to file the reply by November 2015.
Authored by Sambhabi Patnaik