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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV NARULA, J
JAQUAR COMPANY PVT LTD – Appellant
Versus
VILLEROY BOCH AG & ANR. – Respondent
| Table of Content |
|---|
| 1. trademark conflict and brand identity. (Para 1 , 2 , 3) |
| 2. evaluation of trademark infringement and likelihood of confusion. (Para 4 , 5 , 14) |
| 3. distinctiveness of the trademark 'artize'. (Para 6 , 8) |
| 4. use of trademarks in a trademark sense. (Para 7 , 9 , 12) |
| 5. counterarguments about descriptiveness of 'artize'. (Para 18 , 19) |
| 6. balance of convenience in granting injunction. (Para 20 , 21 , 22) |
| 7. issuance of injunction against infringement. (Para 23 , 24) |
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-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 “ARTIZ
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