- Case number
- COMMERCIAL IP SUIT NO. 434 OF 2025
- Court
- Bombay High Court
- Date of judgment
- Outcome
- Injunction granted
Headnote
Interim relief made absolute for infringement of copyright in the artwork of the UMANG label and for passing off. The plaintiff's copyright registration gave the year of publication as 2009 and its device mark application carried a user claim from April 2009, while the defendant's registration gave 2022, so the plaintiff had prima facie created and adopted the artwork first and the impugned artwork was a slavish reproduction. The defendant produced nothing to show independent creation, and had obtained registration for a cropped version of the artwork while using a different version in trade, which the Court read as showing dishonest intent. On passing off, certified turnover of about Rs 6.15 crore for 2022-23 established goodwill before the defendant began use, and the unexplained use of artwork differing from the registered cropped version amounted to misrepresentation.
Disposition
Interim relief made absolute. Injunction granted.
Also listed as
- Anil Srichand Kundnani (Bhagyalaxmi Tea Centre) v. Pruthvi Ishwar Patel & Prabhat Supermarket, Commercial IP Suit No. 434 OF 2025
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.