The Delhi High Court has passed an ex-parte interim injunction against Shakti Mattresses & Gears Pvt. Ltd. on 29th May 2015, to restrain from dealing in the goods and services, under the mark ‘SPINE GUARD’, which is a registered trademark of the plaintiff, Peps Industries Pvt. Ltd.
To briefly state the facts, the Plaintiff, Peps Industries Pvt. Ltd., is engaged in the business of manufacturing, marketing and sale of sleep comfort products such as mattresses, pillows, cushions, sofas, beds and other related products. The plaintiff is one of the largest spring mattresses company in the country and does not only have stores in India, but also in SAARC countries including Sri Lanka, Bangladesh and Nepal.
The Plaintiff has a separate range of these products under the name ‘SPINE GUARD’, a registered trademark in Class 20 for mattresses, pillows, cushions and allied products, which has obtained the status of a well-known trademark in India due to extensive promotion in the market. The Plaintiff has expended abundant efforts and resources in this process.
The Defendant, Shakti Mattresses & Gears Pvt. Ltd., is also engaged the same business and has been using plaintiff’s registered mark, ‘SPINE GUARD’, in relation to mattresses. It is the plaintiff’s case that the mark used by the defendant is identical to the plaintiff’s. Accordingly after receiving no response to plaintiff’s cease and desist notices, the plaintiff filed a suit for permanent injunction before the Delhi High Court, restraining the defendant from infringing its registered trademark, passing off, damages, rendition of accounts etc.
Upon perusing the averments made by the plaintiff and the documents filed, the Court granted an ex parte ad interim injunction against the defendant. Accordingly, till the next date of hearing, the defendant is restrained from manufacturing, selling, offering for sale, advertising and/or directly/indirectly dealing in the goods and services under the impugned trademark ‘SPINE GUARD’or any similar mark.
This post has been authored by Sarthak Saran.
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