HC bars Arpita Agro from using name similar to ITC's trademark for its pdts
This story was originally published at 19:43 IST on 8 October 2024
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NEW DELHI – The Delhi High Court on Tuesday barred Arpita Agro Products Pvt. Ltd. from using a name similar to ITC Ltd.'s trademark for its herbal floor cleaners till the main suit is decided. The court stopped Arpita Agro from manufacturing, selling, and advertising any natural cleaning products under the name 'POWRNYM' or any other name similar to ITC's trademarks 'NIMYLE', 'JOR-POWR' and any of the 'NIM' family marks.
The high court said ITC has been able to make a prima facie case in its favour since Arpita Agro had knowingly adopted the name after having given all their rights with respect to earlier registered trademarks 'NIMYLE' and 'JOR-POWR' to the petitioner for a valuable consideration of INR 1 billion.
"Under the existing circumstances, if the defendants (Arpita Agro) are not restrained, the same shall result in causing irreparable harm, loss and injury to the plaintiff for which it cannot be compensated financially and/ or otherwise," the court said. Contrarily, considering the stature and position of Arpita Agro, hardly any hindrance will be caused to its existence or established business.
"Moreover, the defendants are guilty of passing off the products/marks previously owned by them, which in effect shall create an utter confusion in the minds of the general public who are likely to believe that the products of the defendants under the impugned mark 'POWRNYM' is also emanating from the house of the plaintiff and is a mere variation of the registered trademarks 'NIMYLE' and 'JOR-POWR' to the plaintiff," the court said.
The high court was hearing a suit by ITC against Arpita Agro for declaration, permanent injunction to restrain the infringement of trademark, copyright and passing off. Arpita Agro was engaged in manufacturing and selling herbal floor cleaners under the trademark "NIMYLE" and other "NIM" family of trademarks between 1996 and 2018. These were then assigned by Arpita Agro to ITC. However, "POWRNYM" of Arpita Agro was a derivative of the petitioner's registered trademarks "NIMYLE" and "JOR-POWR" since they have lifted "POWR" from the registered trademark "JOR-POWR" and "NIM"/"NYM" from "NIMYLE", ITC said.
Today, shares of ITC Ltd ended 0.4% lower at INR 507.95 on the National Stock Exchange. End
Reported by Surya Tripathi
Edited by Avishek Dutta
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