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SANJEEV NARULA
Eureka Forbes Limited – Appellant
Versus
Vaibhav Agro Industries – Respondent
JUDGMENT
Sanjeev Narula, J. (Oral)--Plaintiff, a company engaged inter alia in the field of water purification systems, is registered proprietor of trademark "AquaSure" (or AquaSure in conjunction with addendum words) under several classes including but not limited to Class 32 of the Trade Marks Act, 1999.
2. Plaintiff is aggrieved by Defendant's manufacturing and marketing of packaged drinking water with the brand name 'AquaSure', 'AQUASURE', 'AQUA SURE' and seeks permanent and mandatory injunction restraining infringement of Plaintiff's registered trademarks and copyright, and passing off, apart from rendition of accounts, damages, delivery-up, and compensation among other ancillary reliefs.
DESCRIPTION OF PARTIES
3. Plaintiff' is a specialist in various water technologies in the field of water purification systems, including, but not limited to Ultra Violet (UV) and Reverse Osmosis (RO), sold under the brand names 'Aquaguard', 'AquaSure' and 'Forbes'. Plaintiff is a market leader across India and accounts for more than 70% market share in the water purification segment and operates across 135 cities in India while having further expanded into 1515 towns and 400 smaller towns thr
The exclusive right granted by valid trademark registrations under the Trade Marks Act, 1999, and the establishment of goodwill and reputation were crucial in determining the infringement and passing....
The court established that failure to respond to infringement claims leads to automatic admission of the plaintiff's allegations, justifying a decree without trial.
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
The main legal point established in the judgment is the entitlement of the plaintiff to a permanent injunction for passing off its mark 'SANDHI SUDHA' and the consideration of the defendants' non-rep....
The court established that the rights of the prior user of a trademark are superior to those of a subsequent user, emphasizing the elements of goodwill, misrepresentation, and damage in passing off c....
Infringing activities and lack of defense by the Defendant can lead to the award of damages and costs in favor of the Plaintiff.
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