Recent Trademark Infringement case on DISHONEST ADOPTION.
The Delhi HC in this instant case while allowing the injunction to the Plaintiff has discussed the contours of PRIOR USER of the impugned mark and DISHONEST ADOPTION.
The Defendant, D was a prior employee of the Plaintiff, P. D further sought registration of its mark in 2017 on proposed to be used basis - which was abandoned later on.
Background:
P claimed using of the device mark TIGER since 2003 and has registered its mark in 2021. The P had applied for registration of its mark in 2018 in class 17.
D was former employee of the P who was removed from his job in 2017. P thus claimed D was very well aware of P's marks and has dishonestly adopted the mark as - TIGER KISSAN PIPES. -Thus D had applied for registration PRIOR to the P.
Findings of the Court:
1. P has produced invoices to demonstrate using of the mark since 2003.
2. D's objection questioning the veracity of some of the invoices owing to lack of watermark of its label wasn't accepted prima facie.
3. P has also relied on the video footage showing D working in P's warehouse dating back to 2017.
4. The D's assertion that various other users were using the "TIGER" mark in class 17/19 was NOT ACCEPTED. - Court relied on the various precedents - Para 16 and 17.
5. At Prima facie stage, the D's blatant dishonest adoption can NOT be accepted by the court.
HELD: D was restrained from using the impugned mark /deceptively similar mark to that of P's mark.
Case name: MR Sanjay Arora vs Jasmer, CS(COMM) 614/2022, Delhi HC, dated 24th April 2024.
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10 июн 2024
