Trademark infringement suit- recent judgement of Bombay High Court

11 Apr Trademark infringement suit- recent judgement of Bombay High Court

Prince means son of the King who is destined to rule. There may be several people who wear the crown but there is only one real Prince. The Bombay High Court has certified the fact by restraining Prince Platinum Pipe and Fittings, Vigor Plast India and Dhananjay Brass Products from using the Prince trademark in their products.

If you search the public search website of Trade Marks Registry, there are 132 trademarks in class 17 manufacturing Pipes. Some of those trademarks are either registered or abandoned or refused or withdrawn. However, granting an ad-interim injunction on the trademark infringement suit filed by Prince Pipes and Fittings, Justice GS Patel ruled that use of trademark Prince Platinum by Prince Platinum Pipes and Fittings, Vigor Plast India, and Dhananjay Brass Products is not allowed. Such use is an obvious attempt to trade upon and cash in on the reputation and goodwill built up by Prince Pipes and Fittings. The Prince mark has been in use since 1966 and has attained a distinct name and strong goodwill in trade circles.

Justice Patel accepted Prince Pipe’s argument and maintained that the word Prince is being used to create deception in minds of the general public.

Besides the injunction, the Bombay High Court also appointed a Court receiver to carry out search and seizure at the business premises of the Prince Platinum Pipes and Fittings, Vigor Plast India, and Dhananjay Brass Products situated in Jamnagar, Gujarat.

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