This week’s trademark updates are as follows –
Ninety-One v. Ninety-Nine Bicycles – Trademark Infringement Lawsuit
The proprietor of the mark ‘Ninety-One Bicycles’ initiated a trademark infringement suit against the defendant, to restrain them from manufacturing and selling bicycles under the mark ‘Ninety-Nine Bicycles’, which was deceptively similar to their mark. The mark ‘Ninety-Nine Bicycles’ was only recently adopted by the defendants, prior to which they were using mark such as ‘SACHIN BIKES’, ‘SACHIN CROCS’, etc. Alphavector India Private Limited, the plaintiff in this case submitted that the defendants were informed regarding the striking similarity between the two marks. The defendants allegedly undertook to make changes, but did not follow through with it. The court considered the market of goods for both the parties, which also included semi-illiterate people, the court adjudged the marks to be highly similar and potentially confusing, and restrained the defendants from using the mark in words or numbers, in relation to bicycles.
Ad Interim Relief to Fevi Kwik in Trademark Infringement Case
The company Pidilite Industries Ltd., known for manufacturing the adhesive Fevi Kwik, succeeded in obtaining interim relief in their trademark infringement lawsuit against Fixo Industries. Pidilite Industries instituted the case against the defendants for trademark infringement for the defendant’s product, Fixo Kwik, which they claimed was deceptively similar to the plaintiff’s mark and was bound to cause confusion due to the phonetic and visual similarity between the two. The mark had been denied registration in 2013 and 2014, but the defendant company continued to use the deceptively similar mark. The defendant company denied having any connection with the alleged infringing mark. However, the court, taking note of the high similarity which could cause confusion, passed an ad interim relief in favor of Pidilite Industries, and restrained the defendant from using the mark ‘Fixo Kwik’.
First-Ever GI Application in India for a Japanese Product
The Embassy for Japan in New Delhi, in a first-ever instance, has filed an application for obtaining a Geographical Indication Tag for nihonshu (Japanese Sake) before the GI Registry in Chennai. The nihonshu was described in the application as valuable alcoholic beverage, made out of fermented rice, and as something that is consumed on special occasions. The alcoholic beverage is an integral part of the culture in Japan. The event was the first instance for a GI Tag application being filed for a Japanese product.
TIME Institute Triumphs to Obtain Temporary Restraining Order
In a recent trademark infringement case before the Delhi High Court, the Triumphant Institute of Management Education (T.I.M.E) was granted a temporary restraining order from the use of infringing marks by another coaching institute, operating under the banner of ‘Times Coaching Centre). The HC Order restrained the use of the marks ‘TIMES COACHING CENTRE’ and ‘FUTURE TIMES COACHING CENTRE’ by the defendant for educational purposes. The court noted for there to be deceptive similarity which arose out of the fact that the services being offered by both the parties were highly similar. This would thus raise the potential confusion in the minds of the students. The court noted that defendant’s use of the word ‘TIMES’ for similar services had no logical explanation, unlike the plaintiff’s use. The Court allowed the defendant to continue operations under any other mark which did not include the word ‘TIMES’.
India’s Priceless Treasures at GI Mahotsava
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This Weekly Trademark Updates Bulletin is brought to you by the Trademarks and Copyright Division of BananaIP Counsels, a Top IP Firm in India. Led by Sanjeeth Hegde, BananaIP Counsels’ trademark and copyright attorneys are among the leading experts in the field. If you have any questions, or need any clarifications, please write to [email protected] with the subject: Weekly Trademark Update.
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