Case Note & Summary
The plaintiffs, Surat Goods Transport Pvt. Ltd. and others, filed a suit for trademark infringement and passing off against Total Logistics India Pvt. Ltd. and others. The first plaintiff is the registered proprietor of a trademark comprising a globe superimposed on a stylized letter 'S' with the slogan 'Making Things Happen', registered with effect from 11 October 2005. The plaintiffs claimed continuous use since 2000-01. The parties were initially in business together, but disputes arose in 2008, resolved by a consent arbitral award dated 26 May 2008. Under the award, the first plaintiff was allotted the group comprising plaintiffs 2 to 4, and the first defendant was allotted the group comprising defendants 2 and 3. The plaintiffs alleged that despite the settlement, the defendants continued to use a deceptively similar trademark, leading to the suit. The court considered the motion for interim relief. It found that the plaintiffs had made out a prima facie case of infringement and passing off, the balance of convenience was in their favor, and irreparable loss would be caused if the injunction was not granted. Accordingly, the court granted an interim injunction restraining the defendants from using the impugned mark pending the suit.
Headnote
A) Trademark Law - Infringement and Passing Off - Interim Injunction - Registered trademark with prior use since 2000-01 - Defendants using deceptively similar mark after family settlement under consent award - Court held that plaintiffs made out a prima facie case, balance of convenience in their favor, and irreparable loss would be caused if injunction not granted - Defendants restrained from using the impugned mark (Paras 1-10).
Issue of Consideration
Whether the plaintiffs are entitled to an interim injunction restraining the defendants from using a deceptively similar trademark pending the suit.
Final Decision
The court allowed the motion and granted an interim injunction restraining the defendants from using the impugned trademark pending the suit.
Law Points
- Trademark infringement
- passing off
- interim injunction
- prior use
- registered trademark
- consent award
- family settlement
- balance of convenience
- irreparable loss
