An Insight into the Infringement of Trademark Cases in India

Trademark is a type of intellectual property that can distinguish your goods or services from those of your competitors. Hence, trademark registration is extremely important in protecting your logo or a component of your brand from third-party misuse. So, we’re here to give you an insight into the infringement of trademark cases in India. Trademark or logo infringement cases arise only when one of the parties has obtained trademark registration in India and the other is using it without authority to generate profits. Moreover, due to lack of awareness, there are plenty of examples of infringement of trademark case laws. Let’s dive into the intricacies of case study on trademark infringement in India! 

Understanding the Concept of Logo Infringement Cases

Trademark or logo infringement happens when there is an unauthorized use of a protected trademark. There are a lot of remedies available to trademark owners in case of infringement. One such remedy is to file a case of infringement of trademark. To determine whether a logo infringement case has arisen or not, you can check out the following essentials: 

• You must have the ownership of the logo;
• Similarity between the infringing and infringed logos;
• Both the logos must be used in trade and commerce;
• Likelihood of confusion between the marks;
• Use of infringing mark causes damages to the owner; and 
• There is an intent to cause damage or loss to original owner. 

Also Read: What is trademark infringement and remedies available to its owners

Statistics on Infringement of Trademark Cases in India

With the advancement of technology and business ecosystem, there is also an increase in the awareness among the general public. Nowadays, most business owners understand the importance of trademark registration for their brand. Moreover, according to a statistical study, the number of registrations also increased by 33.96% in 2021, in comparison to the number of trademarks registered in 2020.

Notable Case Study on Trademark Infringement in India

With awareness of ways to protect their brands, the entrepreneurs are also becoming more pro active in enforcing their trademark rights when required. To shed some light on this, we’ll give you a rundown on some notable case study on trademark infringement in India:

Dabur India Logo Infringement Cases

Dabur India recently got relief in a trademark infringement case. The Delhi High Court ordered for blocking of certain websites operating in the company’s name. “DABUR” has been a registered trademark of Dabur India Limited since the 90s. These websites were illegally using the word ‘DABUR’ in their domains with a clear intention of misleading customers into believing they represented Dabur India.

The FMCG giant had filed a trademark infringement suit against these fake websites. They got an interim injunction from the Delhi High Court. The company had filed a lawsuit seeking a permanent injunction and damages for violation of its property rights. It included the brand name “Dabur”, copyright in its packaging and labeling.

John Doe Order

Granting interim relief to the FMCG giant by issuing a John Doe Order for blocking the websites, the Delhi High Court stated that Dabur India would suffer “irreparable loss.” It was further stated by the high court that the domain names are intentionally deceiving in nature and definitely scam the general public, resulting in immeasurable damage to the general public.

A John Doe order is a blanket cease-and-desist order issued against unknown individuals. These are pre-infringement injunctions designed to protect a creator’s intellectual property rights.

Below is the list of blocked websites:

• daburdistributorships.in 
• daburfranchisee.in   
• daburdistributor.com

Also Read: Starbucks vs. Sardarbuksh

Jindal Industries Pvt Ltd. v. Suncity Sheets Pvt Ltd and Anr

Another important judgement from infringement of trademark laws. In this case, the application was for an interim order. It was a plea against the respondent to refrain them from using the term “Jindal” in their mark, filed by the petitioner. However, the respondents contested that the term  “Jindal” in their logo mark was to portray their name and not to infringe the trademark rights of the petitioner. The owner and managers of Suncity Sheets pvt ltd had the last name “Jindal”. While deciding this matter, the Delhi High Court observes that business owners have the right to use their names and their predecessors name in trade, hence, allowing it to form appropriate trademarks.

For more information, do read: Reasons to trademark your name in India.

Capital Food Private Limited v. Radiant Indus Chem Food Pvt Ltd

This present case was an appeal against dismissal of an injunction application by the petitioner, the owner of trademark “SCHEZWAN CHUTNEY” registered under trademark class 30. The petitioner claims that they have created a distinctive claim over the mark by extensive use, in line with their Chings Desi Chinese products. At first, the court held that this  mark did not have any distinctive meaning. However, after looking at all the evidence, it was held that the mark had obtained a secondary meaning with ample use and acquired another meaning under section 9 of the Trademark Act. Hence, the Delhi High Court approved the interim injunction against the respondents for infringement of trademark laws. Also, to stop using the term SZECHUAN CHUTNEY with respect to their products. This case study on trademark infringement in India provides a better clarity on acquired distinctiveness concept.

Why You Should Consider Online Trademark Registration In India

Here are a few of the many reasons why you should register a trademark in India:

Legal Safeguarding

Trademarks are intellectual property and you have the exclusive right to the trademark that represents your goods or services. The symbol “TM” can be used after filing the trademark application and ® after the registration is complete. 

Brand Building

Apart from legal protection, trademarks are important for building your brand as well. Your customers are going to associate your products or services with the logo of your brand, which should be a registered trademark.

Stand Out From Your Competitors

A brand name registration is valid for the full class of goods or services covered and it will make customers distinguish your products from the competition clearly. Customers uniquely recognise products with distinct trademarks and trademarks are important for creating a customer base for your products.

Also Read: How to register a trademark in India

Strategies for Protecting your Trademark 

Your duty towards your logo mark or brand is not limited just till the completion of trademark registration process. Once that is complete, you owe your trademark a responsibility to enforce your rights. Only this action will allow you to avail the actual benefits of having a trademark. Here are a few strategies to help you protect your trademark in India:

Trademark Monitoring

This process involves a constant check on the trademark registry, allowing you to enforce your rights for trademark infringement and file a case of infringement whenever necessary. 

Constant Use in Commerce

After obtaining the registration, use your mark extensively in promotion, marketing, packaging, etc. this will make it popular amongst your customers. 

Infringement Notices

Also popular as “cease and desist” notices, the trademark infringement notice is the first step in availing the remedies of trademark infringement cases in india. It allows both the parties to enforce their rights without involving the courts. Most times, a carefully drafted infringement notice helps in enforcing TM rights without even having to knock on the doors of the justice system!

Also Read: How to Avoid Trademark Infringement in India

Conclusion

Whether you are an entrepreneur just starting out or want to expand an existing business, our experts at LegalWiz.in are always available to assist you. We hope these logo infringement cases give you a better clarity on how you can protect your brand. However, it’s always a wise decision to let experts take care of legal matters like the trademark registration process. It allows you to focus on your core duties as an entrepreneur. Give us a chance to be a part of your success story. Just leave all your worries to our team of expert professionals!