Case Law Details
Future Bath Products Private Limited Vs Corza International & Ors. (Delhi High Court)
Conclusion: The Delhi High Court observed that on the issue of phonetic similarity in the two trademarks, the test to be applied is of a man of “average intelligence and of imperfect recollection‟. To such a man, the overall structural and phonetic similarity and the similarity of the idea in the two marks is reasonably likely to cause a confusion between them.
Facts: In present facts of case, the application has been filed by the plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC praying for grant of an ad interim injunction restraining the defendants, and/or anyone acting for and on their behalf from selling, marketing, offering for sale, advertising directly or indirectly the goods under the trade mark or any other mark/name which is identical or deceptively similar to the plaintiff’s CORZA mark CORSA or for ‘apparatus for lighting, heating, steam generating, cooling, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, etc.’ included in Class 11 or other similar goods so as to result in the infringement as also passing off the said registered trade mark and artistic work of the plaintiff.
In April 1998, the trade mark CORSA was adopted for bath fittings and have been using it ever since. The application was filed for the registration of the trade mark CORSA, bearing application no. 1099195 in Class 11, on 26.04.2002. The said application was, however, treated as “abandoned‟ on 30.09.2015 as they failed to file a reply to the opposition filed by one M/s Anchor Kenwood Electricals, under Form TM-6, within the prescribed period of time. The plaintiff asserts that, thereafter, Mr. Wasim Ahmed executed an Assignment Deed dated 21.03.2013, assigning several registered trade marks, including the trade mark CORSA , in favour of Naeem Ahmed, who by then had started a proprietorship-firm under the name and style of “M/s Future Bath Products‟. Mr. Naeem Ahmed filed an application, under Form TM-16, before the Trade Marks Registry and accordingly, became the registered proprietor of the trade mark CORSA claiming user since 01.04.1998.
On 17.08.2017, the plaintiff-company was incorporated and by virtue of an Assignment Deed dated 09.08.2018, the plaintiff-company acquired the proprietorship of the said trade mark CORSA from Mr.Naeem Ahmed. The plaintiff filed Form TM-P in this regard before the Trade Marks Registry on 09.08.2018, which was allowed and as such the plaintiff became the registered proprietor of the trade mark CORSA .
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