Your Guide to Law: Expert Articles & Advice
Protecting Trademarks as trading style under sec. 29(5): Insights from the Madras High Court's Cotton Mantra Case
In a case involving the registered trademark COTTON MANTRA, the court granted an interim injunction in favour of M/s. Sadhana Fashion, effectively safeguarding their intellectual property against the defendants for trademark infringement and passing off. This ruling reinforces the principles enshrined in Section 29(5) of the Trade Marks Act, 1999, which ensures robust protection for registered trademarks, even when used as a trading style. The judgment stands as a testament to the strength of India's trademark laws in defending intellectual property rights.
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VICTORY FOR M/S. ELECTRICAL FITTINGS & EQUIPMENT (MADRAS) PVT. LTD. IN A 14 YEAR TRADEMARK DISPUTE.
M/s.-- Electrical Fittings & Equipment (Madras) Pvt. Ltd. secured a landmark victory in a 14-year trademark dispute against Eveready Industries India Ltd. over the mark "EVERLITE." The Trade Mark Registry upheld the applicant’s rights, emphasizing the distinction between "EVERLITE" and "EVEREADY" in phonetic, visual, and structural aspects. The decision highlighted the applicant’s prior and continuous use of "EVERLITE" since 1971, rejecting Eveready’s claims of confusion and the selective opposition. The ruling reaffirmed that intellectual property rights favor bona fide and consistent use over well-known mark status alone, ensuring fairness and justice in trademark law.
