30 Sep 2023 3:55 AM GMT
The Supreme Court recently restrained M/s Mariyas Soaps and Chemicals from using their registered trademark ‘Chandra’ in an appeal filed by Wipro for being similar to its trademarked soap range ‘Chandrika’.
‘Till the next date of hearing, the respondents are restrained from using the trade mark/trade name “Chandra,” a bench of Justice Sanjiv Khanna and Justice S V N Bhatti directed.
The matter will be next heard in January 2024.
Wipro had approached the Apex Court against the order of the Kerala High Court which set aside the order of the District Court restraining M/s Mariyas Soaps and Chemicals from using their registered trademark ‘Chandra’ for being prima facie similar to Wipro's soap range ‘Chandrika’.
The Kerala High Court was of the view that an owner of a registered trademark cannot sue for infringement of his registered trademark if the opposite party also has the trade mark which is registered.
'Chandrika' is Wipro's registered trademark for Ayurvedic soaps launched in 1940. The mark was registered in 1947 and an all-India registration was obtained in 1976. Wipro’s (Appellant) case is that M/s Mariyas Soaps and Chemicals (Respondent) was attempting to market washing soap and detergents with a deceptively similar name 'Chandra'.
The District Court had found that the mark ‘Chandra’ was deceptively similar to Wipro's trademark ‘Chandrika’ and that the colour combination, writing style and design used by M/s Mariyas Soaps and Chemicals also had close resemblance and amounted to infringement of Wipro’s trade mark. The District Court was also of the view that both products are of the same category and class, and the use of the trademark 'Chandra' would thus create confusion in the minds of ordinary consumers, and accordingly, restrained them from marketing products with the said trademark.
Sr. Adv. Neeraj Kishan Kaul, AOR M/S. Khaitan & Co.,Sr. Adv. Jayant Mehta, Adv. Ankur Sangal, Adv. Pragya Mishra, Adv. Kiratraj Sadana appeared for the Appellant
Adv. Swathi Hariprasad, AOR Amith Krishnan appeared for the Respondent
Case Title: M/S. Wipro Enterprises Limited V. M/S. Mariyas Soaps and Chemicals, Petition(s) for Special Leave to Appeal (C) No(s). 20797/2023