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Informist, Monday, Sept. 8, 2025

 

NEW DELHI – The Supreme Court Monday said there was no bar on Cognizant Technology Solutions US from using a logo in India similar to that of Atyati Technologies Pvt. Ltd., till a decision on the interim injunction application filed by the latter. The apex court set aside a Bombay High Court division bench's Aug. 26 order ruling in favour of Atyati Technologies.

 

The apex court said the high court's division bench erred in setting aside its single judge bench's June 2024 order that had ruled in favour of Cognizant Technology. The court asked the single judge to decide Atyati Technologies' interim injunction application against Cognizant Technology expeditiously, preferably in six months.

 

In March 2024, a single judge of the high court, in an ex-parte interim order, had prevented Cognizant from using the logo until the next hearing. However, in June 2024, the judge lifted the restriction and allowed Cognizant to use the logo till the case was decided. Thereafter, Atyati Technologies moved the division bench against the order.

 

Atyati Technologies had adopted the house mark 'ATYATI' in 2008 in relation to information technology infrastructure, software development and consulting services, among others. In 2019, the company rebranded to a unique logo which features an orange-coloured hexagonal honeycomb symbolising collaboration, compassion and impact, depicted by the slightly inclined representation. The device mark was an original artistic work for which Atyati has copyright, said the respondent.

 

In October 2023, Atyati Technologies became aware that Cognizant was offering information technology infrastructure, software development and consulting services using a similar logo, which bore a striking resemblance to the earlier adopted, used and registered Atyati's device mark. The addition of the corporate name 'Cognizant', minor changes in representation of the device mark, and the use of a different colour were of no relevance and amounted to infringement of Atyati's copyright in the device mark and of the registered 'ATYATI' mark and 'ATYATI' device mark, said the respondent.

 

In its June 2024 order, the high court had noted that it was persuaded to pass an ex-parte order earlier after Atyati Technologies submitted that it came to know about Cognizant's use of the logo in October 2023. However, it learnt that this statement of Atyati Technologies about Cognizant's use of the logo was false, it said. Despite being aware of the website of Logos-World.net, from which it copied the diagram in its notice, Atyati Technologies did not disclose the website or the fact that Cognizant had started using the logo in 2022, said the single judge in June 2024. 

 

Cognizant had argued that Atyati Technologies had suppressed publicly available material which showed that its enterprise was one of the largest and most reputed IT solutions group in the world and that there was absolutely no case either in law or in equity to support the grant of ex-parte ad-interim reliefs without issuing a notice. Atyati Technologies has been economical with the truth and has misled the court by suppressing publicly available material regarding its true date of adoption, said Cognizant.  End

 

Reported by Surya Tripathi

Edited by Vandana Hingorani

 

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