The court ruled that deceptive similarity between competing marks creates a likelihood of consumer confusion and supports injunction against the infringing party.

JUDGMENT :

TEJAS KARIA, J.

I.A. No. 5557/2024

1. The Application has been filed under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 (“CPC”) seeking injunction restraining the Defendants from using the Mark,

Mark”) and / or any other Mark which is deceptively similar to the Mark,

‘SUNFLAME/ ’ (“Plaintiff’s Mark”).

2. Vide Order dated 13.03.2024, the Parties to the present Suit were referred to Mediation before the Dehi High Court Mediation & Conciliation Centre. However, the Mediation between the Parties failed and accordingly, the Notice in the present Application was issued vide Order dated 08.05.2024. The learned Counsel for the Parties made submissions and the Order was reserved on 15.10.2025.

SUBMISSIONS ON BEHALF OF THE PLAINTIFF:

3. The learned Counsel for the Plaintiff made the following submissions: 3.1 In the year 1980, the Plaintiff through its predecessor, a partnership firm under the name and style of M/s. Sunflame Industries, started the business of manufacturing and marketing of gas stoves under the Plaintiff’s Mark. The Plaintiff, however, was incorporated in the year 1984 under the name Sunflame Appliances Marketing Pvt. Ltd. whose name changed to its present name, i.e., Sunflame Enterprises Pvt. Ltd. in the year 1995. The Plaintiff has grown since and is one of the leading companies engaged in the business of manufacturing, marketing, sale and distribution of a wide range of home and kitchen appliances, inter alia, gas stoves, gas burners, baffle chimneys, cook tops, mixer, grinders, water heaters, cooking range, small appliance, induction, over toaster, pressure cookers, cookware, room heaters, water heaters and other appliances (“Plaintiff’s Products”) and have been using the Plaintiff’s Mark, continuously since the year 1980.

3.2 The Plaintiff for more than four decades is renowned for high-quality, high-performance kitchen and home appliances and delivering the best customer experience and value. The Plaintiff has always met and exceeded customer experience and assured consistent quality and dependability with leading-edge and technical superiority and innovation as cornerstone of its corporate philosophy. Always exploring the possibility of new designs, technologies, features, and innovations with great emphasis on research and development, the Plaintiff has established its leadership in creating better and quality products for its customers. Further, the Plaintiff’s vast network of dealers and service centers across the country ensures unfailing service and support for ultimate customer satisfaction. The Plaintiff’s Mark has acquired distinctiveness and enviable goodwill and reputation due to its extensive, long and continuous use since the year 1980. The Plaintiff has applied for and received various registrations for the Plaintiff’s Mark, the details of which are as under:

3.3 Due to superior quality and high efficacy of the Plaintiff’s Products, continuous and extensive use of the Plaintiff’s Mark and large sales, the Plaintiff has acquired immense reputation and goodwill in the Plaintiff’s Mark, and the Plaintiff’s Products sold thereunder. The result of the efficacy of Plaintiff’s Products sold under the Plaintiff’s Mark is reflected in its sales turnover which is growing steadily every year. The sales turnover and the promotional expenditure of the Plaintiff’s Products under the Plaintiff’s Mark since the Financial Year (“FY”) 2013