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SANJEEV NARULA
Bata India Ltd. – Appellant
Versus
Dvs Shoes Factory – Respondent
JUDGMENT
Sanjeev Narula, J. (Oral)--Plaintiff seeks inter alia a decree of permanent injunction restraining the Defendant from infringing and passing off Plaintiff's registered trademarks "POWER" and "[IMG]" [hereinafter "subject marks"].
The Plaintiff's case
2. Plaintiff was originally incorporated in India as Bata Shoe Company Private Limited in the year 1931. Thereafter, in 1973, it was transformed in to a Public Limited Company and was rechristened as Bata India Limited. Plaintiff is also part of the global Bata Shoe Organisation and claims to be the largest retailer and leading manufacturer of footwear in India, with numerous factories and manufacturing units as well as approximately 1400 retail stores operating in India. Their factory at Batanagar is India's first shoe manufacturing unit to receive the ISO 9001 certification in the year 1993.
3. During the course of their business in early 1970's, Plaintiff adopted the subject marks, which were used independently as well as in conjunction with each other. The plaint, at paragraph No. 9, sets out registration details of subject marks in respect of various goods and services. Plaintiff has generated over Rs.480 crores from the
Infringing activities and lack of defense by the Defendant can lead to the award of damages and costs in favor of the Plaintiff.
Trademark infringement and passing off under the Trade Marks Act, 1999, and the seriousness of counterfeiting in eroding brand value and misleading consumers.
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 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....
Trademark infringement and passing off established due to defendants' sale of counterfeit products, leading to a decree in favor of the plaintiff.
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....
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.
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