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AMIT BANSAL
Himalaya Wellness Company – Appellant
Versus
Wipro Enterprises Private Limited – Respondent
JUDGMENT
Amit Bansal, J.
I.A. 4328/2023 (O-XXXIX R-1 & 2 of the CPC)
1. By way of the present judgment, I shall decide the captioned application filed on behalf of the plaintiffs under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC).
2. The present suit has been filed seeking relief of permanent injunction restraining the defendant from infringing the registered marks of the plaintiffs as well as passing off their goods as those of the plaintiffs along with other ancillary reliefs.
3. Summons in the suit and the notice in the interim application were issued on 3rd March, 2023. Parties were also referred for mediation to the Delhi High Court Mediation and Conciliation Centre, however, the mediation proceedings were not successful.
4. Reply to the interim application was filed on behalf of the defendant on 5th April, 2023 and the rejoinder thereto has also been filed by the plaintiffs.
5. Subsequently, the plaintiffs have also filed an application under Section 124 of the Trademarks Act, 1999 for framing an issue regarding the invalidity of the registration granted in favour of the defendant for the mark `EVECARE' and seeking permission to file a rectification
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 use of the impugned marks EYESITE/Fig.2 and KL (Label) by the Defendants is likely to cause confusion and deception, thereby constituting infringement of the Plaintiffs' registered trademarks und....
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 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 ruled on trademark infringement, emphasizing phonetic and visual similarity between ISITE and EYESITE, resulting in consumer confusion, leading to a permanent injunction against the infring....
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