The Bombay High Court ruled in favour of the plaintiff, Pidilite Industries Ltd., who had filed a trademark infringement suit against the defendant for using the mark R-SEAL, which was allegedly similar to the plaintiff’s registered mark M-SEAL. The Court found that the defendant had obtained the trademark by fraudulently concealing the existence of the plaintiff’s prior registered marks from the Registrar of Trade Marks.

The Court rejected the defendant’s argument that the plaintiff could not claim the use of the mark M-SEAL since 1968 and/or registration of the mark from 1972 because the mark was registered in the name of the plaintiff’s predecessors at that time. The Court held that the plaintiff was entitled to claim user rights for the mark M-SEAL from 1968 even though it had not registered the mark in its own name, because it had acquired the mark and the associated goodwill from its predecessors.

The Court found that the defendant’s mark was deceptively similar to the plaintiff’s registered mark and is likely to cause confusion among consumers and violated the plaintiff’s rights under the Indian Trade Marks Act. The Court also rejected the defendant’s argument that it had made bona fide use of the mark R-SEAL since 1999.

Therefore, the Court issued an injunction against the defendant, prohibiting them from using the infringing mark R-SEAL or any other mark that is identical or similar to the plaintiff’s mark M-SEAL. The defendant was also prohibited from infringing on the plaintiff’s copyrights in the artistic work on the M-SEAL label and from reproducing or copying the artistic work on their own products.

Pidilite Industries Limited Vs Riya Chemy – https://indiankanoon.org/doc/43291834/