High Court of Bombay

Sumeet Appliances Pvt. Ltd. v. Dilip Kumar Jain and Ors.

MANU/MH/3002/2015

28.10.2015

Intellectual Property Rights

Bombay High Court lends a helping hand to ‘Sumeet’

The Bombay High Court held that the Defendant’s use of the mark ‘Sumeet’ was in infringement of the trade mark registered by the Plaintiff. Defendant’s claims that its similar mark ‘Sumeet sassaki’ was inspired by their deceased son were not accepted by the Court for not explaining why Defendant had modeled ‘Sumeet’ identically to the Plaintiff. It found inconsistencies and possible fabrication in the evidence produced, purporting to show assignment of mark to the Defendant.

Relevant

Hindustan Pencils Pvt. Ltd. v India Stationery Products Co & Anr. MANU/DE/0003/1990
Winthrop Products Inc v Eupharma Laboratories Ltd.MANU/MH/0094/1997

Logo in question

Tags : Sumeet trademark appliances fabrication assignment

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