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Informist, Friday, Aug 16, 2024

NEW DELHI – In a dispute that has lasted for almost three decades, the Delhi High Court today barred Tosiba Appliances Co from using "Tosiba" or any name similar to "Toshiba" that would amount to infringement of globally recognised conglomerate Kabushiki Kaisha Toshiba's trademark. The dispute relates to infringement of the "Toshiba" trademark by Tosiba Appliances by using a nearly identical "Tosiba" trademark.

The high court said that Tosiba Appliances is restrained from manufacturing, selling, offering for sale, advertising, or directly or indirectly dealing in electrical goods bearing the trademark "Tosiba" or any other mark deceptively similar to the petitioner Kabushiki Kaisha Toshiba's trademark. Tosiba Appliances is also restrained from using "Tosiba" as part of their trade name or adopt any trade name which is deceptively similar to the petitioner's trademark.

The court has asked Tosiba Appliances to pay 1.5 mln rupees in damages for infringing the petitioner's trademark. "...the deceptive similarity between the plaintiff's trademark 'Toshiba' and defendant's 'Tosiba' mark, and plaintiff's established prior use, it is held that defendant's use of the mark 'Tosiba' amounts to infringement of the plaintiff's registered trademark," said the court.

In 1989, the petitioner, through a newspaper advertisement, discovered Tosiba Appliances' use of the trademark "Tosiba" and their trade name in relation to electric appliances, including electric flat irons. Thereafter, the petitioner sent a legal notice to Tosiba Appliances and said that the latter was infringing its trademark. Initially, there were amicable resolution meetings between the parties. However, Tosiba Appliances failed to honour the next scheduled meeting.

Thereafter, the petitioner came to know that Tosiba was still using its trademark "Tosiba" for various electronic goods. Consequently, the petitioner moved the high court to seek a permanent injunction against Tosiba Appliances from using a name similar to its trademark "Toshiba".  End

Reported by Surya Tripathi

Edited by Ashish Shirke

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