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.
