In a case filed by Heifer Project International (“Plaintiff”) against Heifer Project India Trust (“Defendant Trust”) and Late Mr. Pran K Bhatt (“Defendant No. 2”), the trademark “Heifer” was in dispute before the Delhi High Court. The Plaintiff in the case argued that the use of the trademarks “HEIFER,” the “leaping cow device mark,” and the “oval logo” by the Defendants in a deceptively similar manner amounted to trademark infringement. It therefore sought a permanent injunction against such use by the Defendants.
The Plaintiff submitted that is a non-profit corporation involved in sustainable development and animal resource management since 1953. It had registered multiple trademarks in India, including “Heifer International” and “Heifer Project.” It stated that the Defendant Trust was formed in 1992 with the Plaintiff’s support and that Defendant No. 2 was associated with the Trust and previously employed by the Plaintiff. The Plaintiff alleged that the Defendants continued to use its trademarks without authorization after the Plaintiff ceased funding and revoked the right to use these marks. The Plaintiff further argued that it had a longstanding history of significant contributions in India, and claimed that the Defendants’ continued use of the trademarks was intended to mislead the public and attract donations by leveraging the Plaintiff’s established reputation.
In response, the Defendants claimed that the Plaintiff lacked proper authorization to institute the suit and that the Defendant Trust was an independent entity. They also contended that the term “Heifer” was a common dictionary word and not eligible for trademark protection. Therefore, the Defendants submitted that their use of the trademark was not infringing.
After reviewing the facts and evidence before it, the Court stated that the suit was validly instituted by a competent person authorized by the Plaintiff. It further stated that the Plaintiff held valid registrations for the trademarks “Heifer International” and “Heifer Project” in India and that the Defendant Trust was only granted permission to use these marks. As per the Court, the Defendants’ continued use of the marks after the revocation of permission constituted a clear infringement of the Plaintiff’s trademark rights.
Based on its findings, the Court granted a permanent injunction against the Defendant Trust, restraining it from using the Plaintiff’s trademarks. The Defendants were ordered to hand over all goods, visiting cards, letterheads, packaging, and promotional materials bearing the infringing marks to the Plaintiff. Additionally, the Defendants were directed to recall and destroy all products and marketing materials bearing the impugned marks. The Plaintiff was also awarded nominal damages of Rs. 3,00,000 and actual costs of the suit.
Citation: Heifer Project Int’l v. Heifer Project India Tr., CS(COMM) 542/2018, I.A. 8255/2004, I.A. 14930/2013 (Del. Apr. 23, 2024). Available at: http://indiankanoon.org/doc/150144921/, Visited on: 20/06/2024.
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