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Informist, Friday, Jul 19, 2024

 

NEW DELHI – The Supreme Court today asked Crompton Greaves Consumer Electricals Ltd and V-Guard Industries to explore the possibility of a settlement in a trademark infringement case. The apex court was hearing Crompton's petition against a Delhi High Court order restraining them temporarily from manufacturing, selling, offering for sale, advertising, and directly or indirectly dealing in electric irons under the name of "PEBBLE", the trademark of V-Guard Industries.

 

"Settle it out...You(Crompton) can use another name. This is not a case for litigation. I don't think a company as big as Crompton would like to use the name of some other company. This is not a litigation which should be fought for. Please talk to them (V Guard)," said the Bench of Justices Sanjiv Khanna and Sanjay Kumar. "Learned counsel appearing for the parties pray for some time to enable the parties to explore the possibility of settlement. Re-list after one week," the Bench added.

 

The dispute pertains to electric irons sold by Crompton since October 2020 under the name "CROMPTON PEBBLE". V-Guard had alleged that Crompton was infringing its rights obtained for marketing water heaters under the mark "PEBBLE". 

 

Crompton had claimed they were using their mark in respect of electric irons, therefore, there was no likelihood of any confusion. It said that V-Guard, though having applied for the trademark with respect to 'electric irons', has, till date, not manufactured or sold them. It said that the Delhi high court's order has the effect of conferring a monopoly on the word 'PEBBLE' in favour of V-Guard across all categories of goods, irrespective of the fact that the latter was not manufacturing or dealing with such goods and the same was impermissible in law.

 

V-Guard had argued that it had been selling electric products since 1977. It has been selling consumer electrical and electronic apparatus including pumps, fans batteries, inverters under its house mark, "V-GUARD" as well as other trademarks, and claims to have a turnover of over 26 bln rupees. It has been selling water heaters, electric water heaters, and water geysers under the label "PEBBLE" since 2013.

 

Today, shares of Crompton Greaves ended 0.9% lower at 427.90 rupees on the National Stock Exchange, while those of V-Guard Industries ended 1.9% lower at 450.65 rupees.

 

Reported by Surya Tripathi

Edited by Tanima Banerjee

 

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