A two-year-long trademark litigation between Peps, the largest spring mattress company in India, and a UK bed manufacturer, has culminated with the Indian bed manufacturer emerging victorious!
The Trademark Rectification suit was initiated in 2012 by HYPNOS, UK, for removal of the registered and highly popular ‘HYPNOS’ mark of Peps, from the Trademark Registry. The British Company claimed that the mark was famous in India owing to the spill-over of its trans-border reputation. In retaliation, Peps contested HYPNOS UK’s claim that it was not well-known, especially to Indian consumers. Peps also pointed out that its use of the mark, HYPNOS, is continuous and consistent, and that it has acquired recognition among Indian consumers.
The Intellectual Property Appellate Board, Chennai was faced with the task of determining whether PEPS’ prior use of the trade mark in India supersedes the HYPNOS UK’s claim of reputation. Peps (represented by BananaIP Counsels) submitted before the Appellate Board voluminous evidence establishing the mark’s popularity in India. Furthermore, Peps’ counsels were successful in countering every piece of evidence that was submitted by HYPNOS UK to support their claim of trans-border reputation. The sheer volume of evidence, supplemented with effective arguments, rendered futile the documentary proof submitted by HYPNOS UK. The Board was convinced enough of the legitimacy of the claims of Peps, to decide in their favour, vide Order dated April 16, 2015.
This victory of Peps brings to the foreground, the benefits of effective Intellectual Property management in the corporate sector. Peps, among the most IP-savvy companies in the country, spends a great percentage of its revenue on obtaining protection for its intellectual assets and their management. This win for the Indian bed manufacturer stands testament to the innovative marketing and business strategies adopted by the company.
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