Latest Trademark Cases in 2021 - Part 6 - BananaIP ...

Latest Trademark                          Cases          in
2021 – Part 6
August 26, 2021

RELIANCE INDUSTRIES                     LIMITED         AND
ANR. VS ASHOK KUMAR
In this case, Reliance Industries Limited, the Plaintiff,
found a hardware fittings and bathroom accessories retailer
using their well-known mark ‘JIO’ and hence filed a trademark
& copyright infringement suit before the Bombay High Court.
The Defendant on 11th June, 2021 had filed two applications
for registration of the mark JIO and pirated artwork which
were advertised, claiming use since 16th December, 2016. The
court noted that the Defendant not only copied Plaintiffs’
mark, logo and artwork but also added an image of a leaping
jaguar which violated Jaguar Land Rover’s intellectual
property as well. The Plaintiffs filed an interim application
praying for injunction against Defendant’s use of its
copyright and trademark until the final disposal of the suit.
The court was of the opinion that an overwhelming prima facie
case and balance of convenience lied in Plaintiffs’ favour,
and irretrievable prejudice would be caused if the reliefs
sought were denied. Hence, the court granted a temporary
injunction and gave the Defendant the liberty to apply for a
variation, modification or recall of the order after 7 days’
notice to the Plaintiffs’ Advocates. Finally, the court listed
the matter hearing on further ad-interim relief on 30th
September, 2021.

Citation: Reliance Industries Limited And Anr. Vs Ashok Kumar,
Decided by Bombay High Court on 23rd August, 2021, available
at: Reliance Industries Limited And Anr. Vs Ashok Kumar,
visited on 25th August, 2021.

SONY PICTURES NETWORK INDIA PVT.
LTD. V/S THE STATE OF MAHARASHTRA &
ANR.
In this case, an FIR was filed by Karad Urban Co-operative
Bank (KUCB) for defamation by the web series ‘Scam 1992: The
Harshad Mehta story,’ which aired on SonyLIV App. The FIR
accused Sony Pictures Network India Pvt. Ltd. and others of
offences punishable under Section 500 of IPC and Sections 102
and 107 of the Trade Marks Act, and Sections 66C and 43(b) of
the Information Technology Act. In its FIR, the bank alleged
that in the third episode of the web series, a logo displayed
in the background resembled its trademark, causing severe
damage to its financial, commercial and social reputation.
Aggrieved by the FIR the accused filed two criminal writ
petitions seeking a stay on investigations. The Bombay High
Court heard both the matters jointly wherein the petitioners
sought the stay on three grounds. Firstly, as per Section
115(4) of the Trade Marks Act, 1999, investigation couldn’t be
done by an officer below the rank of Deputy Superintendent of
Police, but the said FIR was being investigated by a police
inspector. Secondly, alleged offence under Section 500 of IPC
was non-cognizable could not be investigated by police on the
basis of an FIR. Lastly, that the web series did not come
within scope of Trade Marks Act, 1999 based on Prateek
Chandragupt Goyal Vs. The State of Maharashtra & Anr, wherein
same court held that mere use of trademark in an article does
not amount to false application. Convinced by all the three
grounds the Court stayed the investigations until the next
date of hearing i.e., 17th September, 2019.

Citation: Sony Pictures Network India Pvt. Ltd. v/s The State
of Maharashtra & Anr. Decided by Bombay High Court on 23rd
August, 2021, available at:Sony Pictures Network India Pvt.
Ltd. v/s The State of Maharashtra & Anr., visited on 25th
August, 2021.

Source              for             FIR             details:
https://timesofindia.indiatimes.com/city/mumbai/mumbai-quash-f
ir-over-bank-logo-say-web-series-producer-
network/articleshow/85526168.cms

Meher Distilleries pvt. Ltd. vs. SG
Worldwide Inc. and Radico Khaitan
Ltd.
An appeal to Commercial court was filed by Meher Distilleries,
who is a registered proprietor of the trademark THE ASWA for
the class – 33 including alcoholic beverages. Respondent No.2-
Radico Khaitan launched a product in the same class, a single
malt whiskey, using the mark ASĀVA. The appellant has
registered a trademark under class – 33. Later appellant filed
a commercial suit for trademark infringement and filed an
interim application to restrain the Respondents from using
ASĀVA as a trademark. The learned Single Judge by the impugned
order dismissed the interim application. Challenging the
judgment and praying for a restraint order, Appellant has
filed this commercial appeal under Section 13 of the
Commercial Courts Act, 2015. The appellate court set aside the
finding of the learned Single Judge that RAMPUR ASĀVA and not
ASĀVA alone is the trademark of Defendant No.2. The court also
set aside the finding that there is no visual, phonetic or
structural similarity between THE ASWA and ASĀVA and the
similarity/identity will have to be decided as per the settled
principle that in respect of expensive consumable products,
the use of house mark with the product mark will obviate the
likelihood of confusion. Thus, the Appeal was allowed and the
impugned order was quashed and set aside.

Citation: Meher Distilleries Pvt.Ltd vs Sg Worldwide Inc. And
Anr Decided by Bombay High Court on 23 August, 2021, availabe
at Meher Distilleries Pvt.Ltd vs Sg Worldwide Inc. And Anr. ,
visited on 25th August, 2021

Latest Trademark Cases in 2021
Read Latest Trademark Cases in 2021 – Part 1
Read Latest Trademark Cases in 2021 – Part 2
Read Latest Trademark Cases in 2021 – Part 3
Read Latest Trademark Cases in 2021 – Part 4
Read Latest Trademark Cases in 2021 – Part 5

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Disclaimer
Please note that these case updates have been put together
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