Case Note & Summary
The Plaintiff, Godrej Consumer Products Limited, filed a suit for trademark infringement and passing off against Alchemy Biotech Private Limited. The Plaintiff is the proprietor of the registered trademark 'EZEE' under the Trade and Merchandise Marks Act, 1958, with registration numbers 410491 and 513930 in Class 03 for detergents in liquid form for laundry use and soaps, detergents, toilet preparations, and scouring powder. The Defendant adopted the mark 'EASY WASH' for liquid detergent, which the Plaintiff contended was almost identical and deceptively similar to its mark 'EZEE'. The Plaintiff led evidence through its Constituted Attorney, Mr. Mandar Chandrachud, who filed an affidavit confirming the plaint contents and exhibited documents including the Power of Attorney, certified copies of trademark registrations, and sales/advertisement figures from 1999-2000 to 2009-2010. The Defendant did not appear despite service. The Court, after considering the evidence, found that the marks 'EZEE' and 'EASY WASH' are deceptively similar in sound, spelling, and overall impression, and that the goods are identical. The Court held that the Plaintiff had proved infringement of its registered trademark and passing off. Consequently, the Court decreed the suit in favour of the Plaintiff, granting a permanent injunction restraining the Defendant from using the mark 'EASY WASH' or any deceptively similar mark, and ordered the Defendant to pay costs of the suit.
Headnote
A) Trade Marks - Infringement - Deceptive Similarity - Trade and Merchandise Marks Act, 1958, Sections 28, 29 - Plaintiff's registered mark 'EZEE' for liquid detergent in Class 03 - Defendant using 'EASY WASH' for identical goods - Court found the marks deceptively similar in sound, spelling, and overall impression, leading to likelihood of confusion - Held that infringement and passing off were established (Paras 1-4).
Issue of Consideration
Whether the Defendant's use of the mark 'EASY WASH' for liquid detergent infringes the Plaintiff's registered trademark 'EZEE' and constitutes passing off.
Final Decision
Suit decreed in favour of the Plaintiff. Permanent injunction granted restraining the Defendant from using the mark 'EASY WASH' or any deceptively similar mark in relation to liquid detergent or any other goods. Defendant ordered to pay costs of the suit.
Law Points
- Trademark infringement
- Passing off
- Deceptive similarity
- Registered trademark
- Class 03
- Liquid detergent
