Case Law Details
In a trademark battle over the use of the word ‘Eenadu’ between a Karnataka firm selling Agarbathis (incense sticks) and the newspaper group in Andhra Pradesh, the Supreme Court stated last week that allowing to sell Agarbathis with the same name would “definitely create confusion in the minds of the consumers.”
The Agarbathis, marked ‘Eenadu’, are calculated to lead purchasers to believe that its Agarbathies are in fact the products of the newspaper company, the court stated in its judgment in the case, T V Venugopal vs Ushodya Enterprises Ltd. Upholding the judgment of the high court, the Supreme Court stated that the Agarbathi firm wanted to ride on the reputation and goodwill of the other company in Andhra Pradesh. “In such a situation, it is the bounden duty of the court not only to protect the goodwill and reputation of the Andhra company but also to protect the interest of the consumers. The consumers have to be saved from such fraudulent and deceitful conduct,” the judgments said.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 6314- 15 OF 2001
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