2013 (11) TMI 958 - HC - Companies Law

Infringement of trademark and passing off - Deceptively similar advertisments of Plaintiff s product Ezee and Defendants product Easy Wash - Held that - Defendant has copied the Plaintiff s trade mark. The Defendant s mark is closely and deceptively similar to Plaintiff s trade mark and by the use of the impugned trade mark the Defendant is infringing the Plaintiff s trade mark and is passing off its products as that of the Plaintiff s products - Considering the nature of infringement and with a view to dissuade others from indulging into such activities it is imperative that some punitive damages are awarded to the Plaintiff - Decided in favour of assessee.

Summary

Issues:
Infringement of trademark and passing off by the Defendant using a similar trademark EASY WASH in relation to liquid detergent.

Detailed Analysis:
The Plaintiff, a company registered under the Companies Act, 1956, claimed infringement of its trademark EZEE by the Defendant's use of the almost identical trademark EASY WASH for liquid detergent. The Plaintiff provided evidence through an Affidavit confirming the correctness of its claims. Various documents were submitted as evidence, including the original Power of Attorney, certified copies of trademark registrations, sales data, advertisements, and articles showcasing the reputation and goodwill associated with the Plaintiff's trademark EZEE.

The Plaintiff's counsel asserted that the Plaintiff has been using the trademark EZEE openly and extensively since December 1983, with a significant rise in sales over the years, indicating the trademark's distinctiveness and reputation. The court acknowledged the Plaintiff's continuous use and registration of the trademark EZEE, leading to its acquisition of goodwill deserving protection.

Upon discovering the Defendant's use of a similar trademark for liquid detergent, the Plaintiff filed a suit for trademark infringement and passing off. The court observed that the Defendant's trademark EASY WASH was deceptively similar to the Plaintiff's EZEE, both visually and aurally, indicating infringement and passing off.

The court found no evidence contradicting the Plaintiff's claims and concluded that the Defendant had indeed copied the Plaintiff's trademark, leading to infringement and passing off. Despite the Defendant's absence and uncontroverted witness testimony, the court decreed the suit in favor of the Plaintiff, awarding punitive damages of Rs. 50,000 to deter similar activities in the future. The Plaintiff was also granted costs as per rules, emphasizing the importance of protecting trademarks and preventing unauthorized use through legal remedies.