Important Indian Trademark Cases – 2021

Kaira District Cooperative Milk Producers Union Ltd and Anr. V/S. Maa Tara Trading Co. and Ors

In this case, the Calcutta High Court passed an interim order against the Defendants, restraining them from using the trademark ‘Amul’ in connection with their products. The case was instituted by Kaira District Cooperative Milk Producers Union Ltd., who are the proprietors of the trademark ‘Amul’. It was contended in the plaint, that the Defendants incorporated the ‘Amul’ trademark with a deceptively similar font in the labels of candles marketed by them, which was alleged to be an act of trademark infringement. The Plaintiffs pointed out that the ‘Amul’ trademark was recognised as a well-known mark by the Trademark Registry, and as the Defendant’s products were being sold at cake shops and confectionaries, there exists a high likelihood that consumers would associate such infringing products with the Plaintiff. The Calcutta High Court passed an order of temporary injunction restraining the Defendants from using the ‘Amul’ mark until the disposal of the suit.

Citation: Kaira District Cooperative Milk Producers Union Ltd and Anr. V/S. Maa Tara Trading Co. and Ors. [G.A./1/2020 in CS./107/2020], Decided by the Calcutta High Court on 22nd March, 2021, available at: https://indiankanoon.org/doc/148365026/

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 business 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/

Sun Pharmaceutical Industries Limited vs Cipla Limited

In this case, the Respondent/Plaintiff filed a suit for a permanent injunction before the Madras High Court against the Applicant/Defendant for infringement of its copyright and trademark. The Court herein, granted an interim injunction in favour of the Respondent/Plaintiff. Henceforth, the Applicant/Defendant filed three applications with a plea to vacate the interim relief granted on grounds of urgency. The plea was based on the fact that the drugs were of a huge amount, carried an expiry date of 1 year, and were in demand because of the ongoing pandemic as they helped in relieving the Covid-19 symptoms. The Court held that the Respondent/Plaintiff had made out a prima facie case for continuance of the interim order as the balance of convenience continued to be in their favour. While holding so, the Court pointed out that they cannot allow a party to violate another person’s IPR, notwithstanding the fact that the country was facing an unprecedented medical emergency. The Court upheld the interim order and held that it shall continue to remain in force subject to the final decision of the suit.

Citation: Sun Pharmaceutical Industries Limited vs. Cipla Limited … Decided by Madras High Court in May, 2021, available at: https://indiankanoon.org/doc/95848712/

V Guard Industries Ltd vs Sukan Raj Jain & Anr.

In this case relating to allegations of “V Guard” trademark infringement, the Defendants argued against the territorial jurisdiction of the Delhi High Court as Plaintiff and Defendants did not have their principal businesses in Delhi. The alleged infringing products were being offered for sale, advertised, and sold through online portals. After reviewing the facts, the Court came to the conclusion that it had the territorial jurisdiction because the product bearing the mark was advertised and sold in Delhi through online means and held that, if some part of cause of action has arisen at a place where the Plaintiff has its branch/subordinate office, Courts at that place will have jurisdiction to entertain a suit against infringement and passing off. In other words, the occurrence of cause of action or any part thereof, at a place, is held to be a determining factor, both under Section 20 CPC, and Section 134 of the Trade Marks Act, to attract jurisdiction of the court at such place. ”

Citation: V Guard Industries Ltd vs Sukan Raj Jain & Anr., Decided by Delhi High Court on 5 July, 2021, available at: https://indiankanoon.org/doc/166471642/

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/

Reliance Industries Limited And Anr. Vs Ashok Kumar

In this case, Reliance Industries Limited, the Plaintiff, found a hardware fittings and bathroom accessories retailer using their well-known mark ‘JIO’ and hence filed a trademark & copyright infringement suit before the Bombay High Court. The Defendant on 11th June, 2021 had filed two applications for registration of the mark JIO and pirated artwork which were advertised, claiming use since 16th December, 2016. The court noted that the Defendant not only copied Plaintiffs’ mark, logo and artwork but also added an image of a leaping jaguar which violated Jaguar Land Rover’s intellectual property as well. The Plaintiffs filed an interim application praying for injunction against Defendant’s use of its copyright and trademark until the final disposal of the suit. The Court was of the opinion that an overwhelming prima facie case and balance of convenience lied in Plaintiffs’ favour, and irretrievable prejudice would be caused if the reliefs sought were denied. Hence, the court granted a temporary injunction and gave the Defendant the liberty to apply for a variation, modification or recall of the order after 7 days’ notice to the Plaintiffs’ Advocates. Finally, the court listed the matter hearing on further ad-interim relief on 30th September, 2021.

Citation: Reliance Industries Limited And Anr. Vs Ashok Kumar, Decided by Bombay High Court on 23rd August, 2021, available at: https://indiankanoon.org/doc/58666138/

Source: bananaip.com

Editor: IPRdaily-Rene