Asian Paints Ltd. v. Malak Paints and Anr.
Case brief
What is this about?
Single judge confirmed interim injunctions restraining defendants from using infringing and similar marks. Court held that adding 'DURGA' does not prevent liability for trademark infringement, copyright, and passing off.
What did the court decide?
Confirmed interim orders restraining manufacture, marketing, sale, and use of infringing marks 'DURGA UTSAV' and others.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NMS 458 of 2012
IN THE HIGH COURT OF JUDICTURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.458 OF 2012 IN
SUIT NO.3116 OF 2011 Asian Paints Limited .....Plaintiff Versus Malak Paints and Anr. .....Defendants
Mr. Vinod Bhagat with Mr. D.R.Karania i/by M/s. G.S.Hegde and V.A.Bhagat, for Plaintiff. Ms. Ditika Khanchandani i/by M/s. Gordhandas and Fozdar, for Defendant No.1.
CORAM: S.J.KATHAWALLA, J.
DATE: 10th JULY, 2013
P.C. :
- This is an action for infringement of trademark, copyright and passing off. Leave has been obtained under Clause XIV of the Letters Patent Act. The Plaintiff is the registered proprietor of the label/mark 'UTSAV', of which the word UTSAV forms a dominant part. The label/ mark has also a device of red colour paint covering about half the lower portion of the label with an uneven edge at the top. The Plaintiff has used the device of a sprocket against the red background. The rest of the label
1/7
Issues for consideration
1 issue framed by the court
Whether the defendant's use of the mark 'DURGA UTSAV' and similar graphical representation amounts to passing off or infringement given its similarity to the plaintiff's registered mark 'UTSAV'.
Coram
S.J.Kathawalla
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court