JK CEMENT LIMITED (JK) is an affiliate of the multidisciplinary industrial conglomerate JK Organisation which was founded over 100 years ago. It adopted the trademark “JK” and is the registered proprietor of the same since 1974 for various goods including cements, wall Putty, building materials and the like in India. JK’s labels/packaging with original colour combination constitutes distinctive trademarks of JK. Artistic works in their respective labels/packaging are duly protected under the Copyright Act, 1957.
Sometime in March 2022, JK received information regarding goods i.e. Cement/Wall Putty being sold under a deceptively similar mark “JK Premium” with deceptively similar label/packing/colour combination/trade dress, manufactured by ANAV INDUSTRIES. JK approached the Delhi High Court seeking an ex-parte ad interim injunction against Anav Industries and its proprietor Naresh Sultania.
JK contended that a plain comparison of the two marks makes it apparent that Anav Industries have with the mala fide intent of infringing and passing off their goods, dishonestly adopted JK’s trademark/label since the goods of both the parties were identical in nature, had similar trade channels and were sold to the same class of purchasers.. JK further contended that, Anav Industries is taking undue advantage of JK’s pre-established goodwill and reputation enjoyed under its registered mark JK, its variants, trade dress and was causing confusion in the minds of the public and deception in the markets by showing an association with JK.
Source- Judgment
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The Court held that, JK had satisfied the pre-requisites for the grant of ex-parte ad-interim injunction, therefore it restrained Anav industries from manufacturing, marketing, selling, offering for sale, advertising or displaying, directly or indirectly dealing in Cement, Wall Putty or any other allied and cognate goods, under the trademark JK, or any deceptively similar mark, in an identical or similar trade dress as are likely to infringe Jk’s trademark, or amount to passing off.
