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Delhi High Court allowed the Trademark Infringement suit filed by Karim Hotels Pvt. Ltd. against “KARIN’S”.
The proprietors of the registered trademark “KARIM’S” filed a suit contending that by using a nearly identical mark/name “KARIN’S”, the defendants were infringing their mark.
A Single Bench of Justice Sanjeev Narula said, “Undoubtedly, the trademarks/ names of the parties are indistinguishable. Defendants have entirely imitated Plaintiff No. 1’s registered trademarks, replicating all aspects such as font of the letters, design of the logo, color scheme, size, style, and placement of letter and the taglines. Both the marks are also used for identical services. Given the prior business relationship between the parties, this appears to be a deliberate effort by the Defendants to deceive consumers into believing that their commercial partnership with the Plaintiffs continues.”
The Bench added that such similarities in the competing trademarks, combined with their use for identical goods and services, constitute a clear infringement of the plaintiff’s registered trademarks as per Section 29(1) and 29(2)(b) and (c) of the Trademarks Act, 1999, by the defendants.
“Further, the extensive imitation of the artistic design of Plaintiffs’ labels by the Defendants also amounts to violation of the Plaintiffs’ copyright”, it said.
Advocate Ridhima Goyal appeared for the plaintiffs while Advocate Jagdeep Anand appeared for the defendants
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