The issue of whether the protection of a well known trademark extends to all classes of goods in an action for passing off, even if the mark is not registered under those classes, was addressed by the full bench of Calcutta High Court in Sony Kabushiki Kaisha v Mahaluxmi Textile Mills.
Electronics giant Sony alleged that Mahaluxmi used Sony’s trademark on its undergarment products without authorization or consent. Sony sought an interim injunction and restraining order on the use of its mark by Mahaluxmi, claiming that its world famous mark has acquired such a high degree of distinctiveness that its application even to non-electronic items could lead consumers to believe that the goods were authentic Sony products.
The division bench of the high court rejected Mahaluxmi’s argument that Sony was not entitled to relief under the principles of passing off due to the difference in the class or category of goods produced by the two companies.
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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
