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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHARMILA U.DESHMUKH
Ramnish Verma – Appellant
Versus
Haddad Apparel Group Ltd. – Respondent
JUDGMENT :
SHARMILA U. DESHMUKH, J.
1. This is an action for infringement of trade mark and passing o The case of the Plaintiffs is that the Plaintiff No.1 is the registered proprietor of trade mark “ROOKIES” and various “ROOKIES” formative trade marks of which the word “ROOKIES” is the leading and essential features. The registered domain name i.e. “https://rookiesjeans.com” also contains the trademark.
2. The Plaintiff No.1 is one of the shareholder and director of Plaintiff No.2 and Plaintiff No. 2 is the permitted user of trade mark “ROOKIES”. The Plaintiff Nos.1 and 2 are engaged in the business of designing, importing, manufacturing, marketing and sale of readymade garments and all kinds of clothing collection, footwear and ancillary products for men, women and children and are also engaged in the business of retailing the said goods through their exclusive brand outlets as well as multi brand stores under the name and style “ROOKIES” / “ROOKIES Jeans”. The Plaintiffs also have online presence on their own as well as third party e-commerce websites.
3. In the year 2008, the Plaintiff No.1 adopted the word “ROOKIES” as its trade mark. The domain name was registered on 1st November
The principle of prior user of a trademark prevails over subsequent registrations, especially when confusion or association is likely between goods and services of similar trade sectors.
Mere addition of a house mark, especially when such house mark also has a certain reputation and goodwill, would obviate any chance of confusion in the mind of an unwary consumer.
The court affirmed that prior use of a registered trademark provides substantial grounds for an injunction against similar marks, emphasizing deceptive similarity effects on consumer perception.
The judgment underscores that trademark registration alone does not guarantee protection without actual use, and that delay in action does not preclude injunction if infringement is proven.
Important Point :The use of a trademark that is phonetically and visually similar to a registered trademark can lead to confusion, constituting infringement, especially when dishonest conduct is evid....
The judgment emphasizes that goodwill must be established within the jurisdiction for trademark protection, rejecting claims based solely on international reputation without local business presence.
The registration of a trademark confers statutory rights on the proprietor, enabling them to sue for infringement, irrespective of whether or not the mark is used. Deceptive similarity and lack of bo....
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