Case Note & Summary
The plaintiffs, Ahmed Perfumes LLC and M/s. Ahmed Al Maghribi Perfumes Trading LLC, both UAE-based companies in the perfume business, filed a Commercial IP Suit seeking permanent injunction against the defendants for infringement of copyright in their artistic logos and trademark infringement/passing off. The plaintiffs claimed to be the owners of well-known marks including 'AHMED AL MAGHRIBI' and various logos used on their perfume products, which are registered under the Trade Marks Act, 1999. They alleged that the defendants, including Mohammed Faisal Rehman Sultan Ahmed trading as FRS India, Al Ahmed India (a partnership firm), Ahmed Al Maghribi LLP, and Salma Mohammed Faisal Shamsi, were using deceptively similar marks such as 'AHMED AL MAGHRIBI', 'Al Ahmed', 'BIN SHAIKH', 'OUD & ROSES', 'KAAF', and 'MARJ', as well as the corporate name 'Ahmed Al Maghribi LLP' and domain name 'www.ahmedindia.com', which were identical or confusingly similar to the plaintiffs' marks. The plaintiffs sought interim relief pending trial. The court, after hearing arguments, found that the plaintiffs had made out a prima facie case of copyright infringement, trademark infringement, and passing off. The balance of convenience was in favor of the plaintiffs, and irreparable loss would be caused if the injunction was not granted. Consequently, the court allowed the interim application and restrained the defendants from using the impugned marks, corporate name, and domain name until further orders.
Headnote
A) Intellectual Property - Copyright Infringement - Artistic Work - Section 51, Copyright Act, 1957 - Plaintiffs claimed copyright in logos used on perfume products - Court held that reproduction of substantial part of artistic work without license constitutes infringement - Prima facie case established (Paras 1-10). B) Intellectual Property - Trademark Infringement - Deceptive Similarity - Section 29, Trade Marks Act, 1999 - Plaintiffs' marks 'AHMED AL MAGHRIBI' and logos were registered - Defendants' marks found deceptively similar - Likelihood of confusion and damage to plaintiffs' goodwill - Injunction granted (Paras 11-20). C) Intellectual Property - Passing Off - Corporate Name and Domain Name - Defendants adopted corporate name 'Ahmed Al Maghribi LLP' and domain name 'www.ahmedindia.com' - Held that such adoption amounts to passing off as it misrepresents connection with plaintiffs - Balance of convenience in favor of plaintiffs (Paras 21-30).
Issue of Consideration
Whether the plaintiffs are entitled to an interim injunction restraining the defendants from infringing their copyright in artistic logos and from using deceptively similar trademarks and corporate name, pending disposal of the suit.
Final Decision
Interim Application No. 1405 of 2026 is allowed. Defendants are restrained from infringing plaintiffs' copyright in artistic logos and from using the impugned marks, corporate name 'Ahmed Al Maghribi LLP', and domain name 'www.ahmedindia.com' until further orders.
Law Points
- Copyright in artistic work
- trademark infringement
- passing off
- interim injunction
- prima facie case
- balance of convenience
- irreparable loss
