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DELHI HIGH COURT
V.K.JAIN
Toyota Jidosha Kabushiki Kaisha – Appellant
Versus
Biju – Respondent
JUDGMENT
V.K. Jain, J. (Oral)--This is a suit for permanent injunction, rendition of accounts and damages and delivering up of infringing material. The plaintiff is a corporation registered in Japan. Defendant No.1 Mr. Biju is the proprietor of defendant No.2 Benz Auto Spares. The plaintiff claims to be the sixth largest industrial corporation in the world engaged in manufacture and sale of automobiles and auto-parts and is amongst Fortune Global 500 Companies. The plaintiff claims to have coined the trademark TOYOTA which has no meaning in India nor is a dictionary word or a word of any trade or usage. It is alleged that the trademark TOYOTA is being used by the plaintiff in India since 1957 in relation to vehicles, their parts and fittings. It is also alleged that on account of the quality of the products, which are being sold under the name TOYOTA and continuous use of the aforesaid trademark, it has acquired an enviable reputation and goodwill in the market. The trademark TOYOTA is registered in the name of the plaintiff company in the following classes:
| S. No. | Trademark | Registration/ Application No. | Class | Status |
| 1. | TOYOTA | 506695 | 12 | Registered and renewed upto 09.03.2013 |
| 2. | TOYOTA | 506690 | 05 | |
Trademark infringement and protection of well-known marks under the Trade Marks Act, 1999.
Trademark rights include protection against unauthorized use of similar marks causing confusion or deception, maintaining the integrity and goodwill of the established trademark.
The court affirmed the validity of the plaintiffs' trademarks 'PENTA' and 'VOLVO PENTA', granting a permanent injunction against the defendants for infringement and passing off, emphasizing the marks....
Trademark infringement occurs when a registered mark's rights surpass an unregistered mark's claims, especially when confusion is likely.
Establishing trademark infringement requires valid registration, identity or similarity to the registered mark, and use in relation to identical services, with consumer confusion warranting protectio....
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