2023:DHC:3226

CS(COMM) 777/2022 Page 1 of 26

$~25

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 04^th May, 2023

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CS(COMM) 777/2022

JAQUAR COMPANY PVT LTD

..... Plaintiff

Through:

Mr. Kapil Wadhwa, Ms. Surya

Rajappan, Ms. Tejasvini Puri and

Ms. Vasanthi Hariharan, Advocates.

versus

VILLEROY BOCH AG & ANR.

..... Defendants

Through:

Mr. Uttam Datt, Mr. Dinesh Jotwani,

Mr. Harpreet Oberoi, Mr. Jitesh P.

Gupta, Ms. Sonakshi Singh, Mr.

Kumar Bhaskar, Mr. Rishi Raj

Sharma and Mr. Aman Sanjeev,

Advocates.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

JUDGMENT

SANJEEV NARULA, J. (Oral)

I.A. 18241/2022 (for grant of interim injunction)

Trademark tussle: Artize v. Artis - who owns the artistic touch?

1. This suit relates to the clash between sanitary ware giants over their

brand names. The Plaintiff, M/s Jaquar & Company Pvt. Ltd. [hereinafter,

“Jaquar”] and the Defendants, Villeroy & Boch AG and Villeroy & Boch

Sales India Pvt. Ltd. [hereinafter collectively, “Villeroy”] are two well-

Digitally Signed

By:SAPNA SETHI

Signing Date:10.05.2023

20:45:25

Signature Not Verified

2023:DHC:3226

CS(COMM) 777/2022 Page 2 of 26

established brands in the business of sanitary ware and bathroom fitting

products. They are at loggerheads over the words “ARTIZE” used by

Jaquar, and “ARTIS” used by Villeroy, both derivatives of the word “ART”.

Jaquar asserts that they coined and adopted the fanciful trademark

“ARTIZE” in 2008 and since then, have been continuously and

uninterruptedly using the same for their luxury segment of sanitary ware.

Villeroy, on the other hand, contests Jaquar’s proprietary claims, contending

that “ARTIS” is a Latin term which means art, and thus, “ARTIZE” is

nothing but a derivative of “ARTIS” and is purely descriptive, whereon no

monopoly can be claimed. Furthermore, they argue that “ARTIS” is a sub-

brand/range/collection used in conjunction with their well-known brand

name Villeroy & Boch and therefore, such use does not amount to

infringement or passing off Jaquar’s trademark.

THE CASE SET UP BY JAQUAR

2. Mr. Kapil Wadhwa, counsel for Jaquar, presents the following

arguments:

2.1.

Jaquar is a market leader in the manufacturing and sale of diversified

bathing solutions such as showers, faucets, bath tubs, spas, steam cabins,

water heaters etc. It caters to various segments of the industry and customers

under two ranges –“ESSCO” for the value products and “ARTIZE” for the

luxury products. The trademark “ARTIZE” has garnered substantial

reputation and goodwill on account of continuous and long use. Jaquar has

spent considerably towards advertisement and promotion of their brand,

including “ARTIZE”. Thus, by virtue of extensive use for over last fourteen

years, the trademark “ARTIZE” has come to be associated solely and

Digitally Signed

By:SAPNA SETHI

Signing Date:10.05.2023

20:45:25

Signature Not Verified

2023:DHC:3226

CS(COMM) 777/2022 Page 3 of 26

exclusively with Jaquar.

2.2.

Products under “ARTIZE” mark are sold extensively across the

country, in over three hundred showrooms and the mark has gained

popularity in India. Jaquar has also obtained trademark registrations for

formative versions of the “ARTIZE” mark in classes 11 and 35, particulars

whereof are as follows:

S.No.

Trademark

Application

No.

Class

Date of

application

Status

1.

1736192 11

24.09.2008

Registered

2.

2003072 11

03.08.2010

Registered

3.

2165292 11

24.06.2011

Registered

4.

4879936 11

25.02.2021

Registered

5.

4879937 35

25.02.2021

Registered

6. ARTIZE -BORN

from art

4879938 11

25.02.2021

Registered

7.

5250966 11