BMW has made out a case that the Indian firm was infringing upon its trademark with a “dishonest intention” to reap the benefits of the repute and goodwill of the German firm.
- Last Updated: March 27, 2020, 2:57 PM IST
The Delhi High Court has restrained an Indian e-rickshaw producer from “in any manner dealing with any goods” bearing the mark ‘DMW’ or every other mark an identical or deceptively much like that of German car main, BMW.
Justice Jayant Nath in his interim order stated that prima facie Bayerische Motoren Werke (BMW) has made out a case that the Indian firm was infringing upon its trademark with a “dishonest intention” to reap the benefits of the repute and goodwill of the German firm. The court docket additionally rejected the stand of the Indian firm, Om Balajee Automobile (India) Private Limited that it has been manufacturing e-rickshaws below the ‘DMW’ trademark since 2013 and BMW approached the excessive court docket solely in 2017 after a delay of 4 years.
The court docket stated: “Even if there was a delay on the part of the plaintiff (BMW) in the filing of the present suit as has been claimed by the defendant (Om Balajee), the same delay would not be sufficient to deter grant of injunction in favour of the plaintiff”.
It famous in its order that the German firm has been manufacturing bikes below the BMW mark since 1923 and vehicles since 1928. It stated the corporate has meeting crops in 14 international locations, world gross sales community in additional than 140 nations, a income of 94.163 million euro in 2016 and in these circumstances, use of the mark ‘DMW’ by the Indian firm “prima facie appears to be a dishonest act with an intention of trying to take advantage of the reputation and goodwill” of BMW.
“It is likely to mislead an average man of ordinary intelligence,” the court docket stated. It additional famous that the Indian firm’s model was “visually and phonetically similar” to the mark of BMW which is a widely known trademark and due to this fact, its use by Om Balajee on its merchandise “constitutes infringement” below the Trademarks Act.
“The defendant (Om Balajee) is obviously seeking to encash upon the brand quality and goodwill which the mark BMW enjoys in the market. Such use by the defendant is detrimental to the reputation of the registered mark BMW of the plaintiff company. The defendant is prima facie guilty of infringement of the trademark of the petitioner,” the court docket stated.
It additional stated, “The plaintiff (BMW) has made out a prima facie case. Balance of convenience is in favour of the plaintiff and against the defendant. An ad interim injunction is passed restraining the defendants, its officers, agents etc. from manufacturing, exporting, importing or offering for sale, advertising or in any manner dealing with goods not limited to e-rickshaws bearing the mark DMW or any other mark which are identical or deceptively similar to the plaintiff’s BMW marks.”