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Informist, Monday, Feb. 17, 2025

 

NEW DELHI – The Delhi High Court on Monday restrained Cab-Rio Industries and others from using, selling under the name "Cab-Rio", or any other name which was similar to Havells India Ltd.'s trademark "Reo", till final adjudication of the permanent injunction suit filed by the latter. The high court gave one month's time to Cab-Rio Industries to take steps to change its corporate name. The high court will hear the main case on Jul. 21.

 

The high court noted that Havells India has been using the trademark "Reo" on a standalone basis and not as a sub-brand of its company. The court said that the balance of convenience was in favour of Havells India and against the defendants as the plaintiff has been using the trademark "Reo" since the year 2012, whereas the defendants have admittedly launched its products under the name "Cab-Rio" only in 2017.

 

"Further, the use by the defendants of a deceptively similar mark "Cab-Rio" in relation to their electrical cables and wires would not only cause irreparable loss, harm and injury to the goodwill and reputation of the plaintiff but is also likely to cause confusion and deception in the market and injury to the public at large," said the court. 

 

The customers who purchase electrical goods and equipment are generally electricians, electrical contractors, who are unlikely to appreciate the differences in logo or colour scheme, said the court. The prospective customers of the products of Havells India and the defendants would be unwary customers of average intelligence and imperfect recollection and not likely to discern the difference between the names of the plaintiff and the defendants, the court added.

 

Havells India, a company engaged in the business of electrical and power distribution equipment, sells its products under various brands like Havells, Standard, Crabtree, Lloyd and Promptec. In 2012, Havells India had introduced the brand "Reo" in various markets across the country. 

 

Havells India said that "Reo" was an acronym for "Revolutionary Economical Outstanding" quality. The products bearing the trademark "Reo" were being sold by the plaintiff through its brand stores across India. The annual turnover of Havells India for the year 2023-2024 from selling products under the trademark "Reo" was to the tune of INR 9.47 billion, said the plaintiff.

 

Cab-Rio Industries is engaged in the business of manufacturing and selling identical products as of Havells India, such as electrical cables or wires. In the first week of October, Havells India gained knowledge from its dealers that various electrical products, specifically cables or wires, were being sold in the market by the defendants under the mark "Cab-Rio". Consequently, Havells India filed a suit in the high court seeking to restrain the defendants from using "Cab-Rio" name or any similar name to its trademark.

 

Monday, the shares of Havells India Ltd. ended 2.3% higher at INR 1,532.55 on the National Stock Exchange.  End 

 

Reported by Surya Tripathi

Edited by Deepshikha Bhardwaj

 

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