Providing relief to a Chinese company, Double Coin Holdings Ltd, the Delhi High Court has restrained Trans Tyres (India) Pvt Ltd from selling tyres and tubes bearing the brand name ”Double Coin”. Trans Tyres is a selling agent of the Chinese company and has got registration of trademark ”Double Coin” for tyres and tubes in India in its name.
In an interim order, Justice V K Jain said the Indian company has no manufacturing unit and serious injury was likely to be caused to the Chinese firm.
“Trans Tyres (India) Pvt Ltd is hereby restrained, during pendency of the suit, from selling any tyre or tube bearing the trademark Double Coin or a mark deceptively similar to the aforesaid mark unless that product has been manufactured by Double Coin Holdings Ltd China,” the court said.
The Double Coin”s plea alleged infringement of its trademark and selling of its products by the Indian company as its own.
The Chinese firm has also said that the Indian company, in 2006, has got trademark ”Double Coin” registered for tyres and tubes in its name.
The court rejected the claim of Trans that it had got consent of the Chinese firm before registering ”Double Coin”, saying that it has failed to show that the foreign company had acquiesced and had full knowledge.
The court said,”No substantial harm is, therefore, likely to be caused to Trans Tyres if it is restrained from selling tyres under the brand name Double Coin.”
Double Coin Holdings Ltd is a Chinese company which adopted the trademark ”Double Coin” in 1930 and has been producing tyres and tubes since 1936.
Its products are sold worldwide in around 60 countries and its trade name is registered in a number of Countries including China, USA, Dubai and Brazil.