High Court of Delhi

Senge Himalayan Ceramics v. Shri Ram & Company

MANU/DE/4032/2015

07.12.2015

Intellectual Property Rights

High Court restrains use of fraudulently claimed mark

The Delhi High Court issued an interim injunction against the Defendant restraining it from using in any manner the Plaintiff’s mark, ‘Senge’. The Plaintiff had claimed the mark in respect of ‘Senge Himalayan Ceramics’, which had dealings in mugs, teacups and saucers, handicrafts and various other crockery. Senge, styled after a fearless lion in Tibetan mythology, had been first used in Plaintiff’s tours and travels business, before also stamping it on its line of handicrafts. The Defendant had approached the Plaintiff to manufacture the products for him, and thereafter had Plaintiff’s mark registered in its own name. The Court determined Plaintiff to be much the prior user of the mark; receipts adduced by Defendant showing using of the mark were found to be fraudulent, and it was found guilty of filing a false document.

Relevant

Laxmikant V. Patel v. Chetanbhat Shah and Another MANU/SC/0763/2001
S. Syed Mohideen v. P. Sulochana Bai MANU/SC/0576/2015
M/s. Bengal Waterproof Ltd. vs. M/s. Bombay Waterproof Manufacturing Co. MANU/SC/0327/1997

Tags : Trade mark logo prior use false documents

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