This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country. Part 1 can be accessed here.
Franco Indian Pharmaceuticals … vs Micro Labs Limited And Anr
In this case, The Bombay High Court granted an Exparte injunction with respect to the word and label marks, Dexorange, and trade dress of the bottle. The trademarks were being used for folic acid supplements for more than 50 years, and the plaintiff holds several registrations with respect to its trademarks. The defendants in the case were selling products under the name ‘Ferri Orange,’ though a permanent injunction was earlier granted against one of them. As the plaintiff had a prima facie case, the trademarks and trade dress were copied, and as defendants behaved dishonestly, the Court granted an Exparte injunction against them.
Citation: Franco Indian Pharmaceuticals ... vs Micro Labs Limited And Anr, Decided by Bombay High Court on 14 June, 2021, available at: https://indiankanoon.org/doc/45913753/, visited on 17th June, 2021.
Sulphur Mills Limited vs Virendra Kumar Saini
The Bombay High Court in this case granted an interim injunction against use of the mark, Fortis Royal, by the defendant. The plaintiff in the case holds a trademark over Fortis under which it sells sulphur products. On comparing the packaging, the Court came to the conclusion that the defendant had lifted the plaintiff’s packaging and trademark representation. The Court pointed out that change of one vowel will not make the defendant’s use of the mark non-infringing.
Citation: Sulphur Mills Limited vs Virendra Kumar Saini, Decided by the Bombay High Court on 14 June, 2021, available at: https://indiankanoon.org/doc/14684884/, visited on 17th June, 2021.
M/S Sri Tulasi Industries vs M/S Sri Sapthagiri Industries
In this case, the plaintiff/appellant challenged the order of the District Court in vacating the interim injunction with respect to its trademark, Tasty Gold, before the Telangana High Court. The defendant/respondent in the case was using the trademark, Tasty Drops and different suffix variations.
Both were using the trademarks for edible oils. After reviewing the facts, the Court reinstated the interim injunction as the prefixes were similar, products were similar, and as the plaintiff’s products have acquired good will in the market. The Court reasoned that the defendant should not be permitted to ride on plaintiff’s good will during the pendency of the suit.
Citation: M/S Sri Tulasi Industries vs M/S Sri Sapthagiri Industries, Decided by Telangana High Court on 9 June, 2021, available at: https://indiankanoon.org/doc/158670689/, visited on 17th June, 2021.
