In a recent legal battle at the Delhi High Court, TTK Prestige Limited secured an interim victory against manufacturers Arjun Ram & Anr., who were accused of design piracy and trademark infringement related to the Svachh line of pressure cookers manufactured by TTK Prestige and sold under the name “Prestige.” The defendants had been marketing their pressure cookers under the name "Paristone."
Brief Facts of the Case:
The case, CS(COMM) 915/2022, is centered around a dispute between TTK Prestige Limited (the plaintiff) and Arjun Ram & Anr. (the defendants). TTK Prestige Limited is a manufacturer of pressure cookers under the well-known brand name "Prestige." The dispute primarily revolves around allegations of design piracy, trademark infringement, and passing off relating to the "Svachh" line of pressure cookers produced by the plaintiff. The defendants were found selling their pressure cookers under the brand name "Paristone."
The plaintiff argued that the defendants' pressure cookers not only imitated the registered design of the plaintiff's Svachh line of pressure cookers but also featured a trade dress that closely resembled the plaintiff's "Prestige" brand. This trade dress included identically printed white letters in a similar font on an identical pink background, with a black swirl or line below it.
Contentions of the Parties:
Plaintiff (TTK Prestige Limited):
The plaintiff contended that the defendants were involved in design piracy by manufacturing and selling pressure cookers that closely resembled the registered design of their Svachh pressure cookers. They argued that the defendants' trade dress, including how the brand name "Paristone" was presented, was almost identical to that of the plaintiff's "Prestige" brand The plaintiff asserted that this similarity in design and trade dress was likely to cause confusion among consumers, especially those with imperfect recollection, who may mistake the defendants' products for those of the plaintiff.
Defendants (Arjun Ram & Anr):
The defendants, who did not appear in court despite several notices, did not formally present their contentions. They did not file a written statement in response to the plaintiff's suit or to the plaintiff's application filed under Order XXXIX Rules 1 and 2 of the CPC (Code of Civil Procedure).
Observations by the Court:
Justice C. Hari Shankar handed down a temporary injunction order on October 19, 2023, which restrains the defendants from selling, advertising, or in any other way dealing in pressure cookers bearing a design that is prima facie identical to and infringing upon the design of Prestige's Svachh range of pressure cookers.
The court further restrained the defendants from using the trade dress "Paristone" for its mark, which was found to be almost identical to the trade dress used by TTK Prestige. However, the defendants were not restrained from using the mark "PARISTONE" in any other trade dress, which was not similar to the trade dress of TTK Prestige's "PRESTIGE" mark on pressure cookers that do not imitate or infringe the registered design of the plaintiff's Svachh range of pressure cookers.
Furthermore, the court emphasized that the defendant's decision to imitate TTK Prestige's trade dress was indicative of the goodwill and reputation enjoyed by TTK Prestige in the market. The court acknowledged the plaintiff's considerable reputation and annual turnover as factors supporting its claims.
The decision of the Court:
The court found that the trade dress adopted by the defendant manufacturers closely resembled that of TTK Prestige, featuring identically printed white letters in a similar font on an identical pink background, with a black swirl or line below the name. The court noted that there were no distinguishing features between the two products that would enable consumers, especially those with imperfect recollection, to differentiate between them.
Case Name: TTK Prestige Ltd Vs Arjun Ram & Anr.
Coram: Hon’ble Mr. Justice Hari Shankar
Case No.: CS(COMM) 915/2022
Advocates of the Plaintiff: Mr. Hemant Singh, Ms. Mamta Rani Jha, Mr. Manish Kumar Mishra, Ms. Akansha Singh, Ms. Saloni Kaslimal. Ms. Tarushi Agrawal and Ms. Pragya Jain, Advs
Advocates of the Defendant: None
Read Judgment @LatestLaws.com
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