Case Note & Summary
The judgment involves two suits for trademark infringement and passing off. In Suit No. 516 of 2013, the plaintiff Manugraph India Limited sought to restrain the defendants from using the mark 'Simarq' or any deceptively similar mark, alleging that 'Simarq' is phonetically and visually similar to 'Manugraph'. In Suit No. 632 of 2014, the plaintiff Ezeego One Travel & Tours Ltd. sought to restrain the defendant La Travenues Technology Private Limited from using the mark 'La Travenues', alleging similarity to 'Ezeego'. The court examined the marks for deceptive similarity, considering the class of goods/services, the nature of the marks, and the likelihood of confusion. The court found that 'Manugraph' and 'Simarq' are not phonetically or visually similar, and the goods (printing machinery vs. software/IT services) are different. Similarly, 'Ezeego' and 'La Travenues' are not similar, and the services (travel services vs. online travel aggregation) are distinct. The court held that the plaintiffs failed to establish a prima facie case for infringement or passing off, and the balance of convenience did not favor granting an interim injunction. The notices of motion were dismissed, and the suits were directed to proceed for trial.
Headnote
A) Trademark Law - Infringement and Passing Off - Interim Injunction - Deceptive Similarity - The court considered whether the mark 'Manugraph' is deceptively similar to 'Simarq' and whether 'Ezeego' is deceptively similar to 'La Travenues' for interim relief - Held that there is no phonetic or visual similarity between the competing marks, and the goods/services are different, thus no prima facie case for infringement or passing off is made out (Paras 1-34). B) Trademark Law - Interim Injunction - Prima Facie Case - Balance of Convenience - The court held that the balance of convenience does not favor granting an injunction as the defendants have been using their marks for a considerable period and the plaintiffs have not shown any likelihood of confusion or damage - Held that the plaintiffs failed to establish a strong prima facie case (Paras 20-30).
Issue of Consideration
Whether the plaintiffs have made out a prima facie case for grant of interim injunction restraining the defendants from using their trademarks/names on the ground of trademark infringement and passing off.
Final Decision
The notices of motion are dismissed. The suits to proceed for trial.
Law Points
- Trademark infringement
- passing off
- deceptive similarity
- prima facie case
- balance of convenience
- interim injunction
- phonetic similarity
- visual similarity
- class of goods/services
- likelihood of confusion
