The Delhi High Court has upheld an interim injunction restraining Ganraj Enterprises (GE) from using the marks “HP+” and “HP®+” for self-drilling screws, holding that such use prima facie infringes the registered “HP” trademark owned by Landmark Crafts Pvt. Ltd. (LC). The Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla dismissed the appeal filed under Section 13 of the Commercial Courts Act, affirming the order of the Commercial Court, which had granted an injunction in favour of Landmark Crafts.
The appeal arose from an order passed by the Commercial Court at Shahdara, which had allowed Landmark Crafts Pvt. Ltd.’s application under Order XXXIX Rules 1 and 2 CPC, holding that the use of “HP+” and “HP®+” by GE amounted to infringement of the LC’s registered “HP” trademark. Aggrieved by the said injunction order, GE approached the Delhi High Court.
Affirming the Commercial Court’s view, the High Court held that the rival marks were deceptively similar. The Court agreed with the respondent’s submission that “the use of the ® superscript by GE, which is to be employed only where the mark is a registered trademark, is completely illegal and lacking in bona fides.”
The High Court noted that the rival marks were “practically identical” and the defendants had shown a complete lack of bona fides by using the same red and black colour combination, shikara motif on packing.
Rejecting the appellant’s challenge to the validity of LC’s trademark registrations, the Court held that at the interim stage, registration itself is prima facie evidence of validity under Section 31 of the Trade Marks Act. The Bench emphasised that once prima facie infringement is established, an injunction must ordinarily follow, reiterating settled principles laid down by the Supreme Court.
Describing GE as a “rank infringer”, the Court concluded that no interference was warranted with the Commercial Court’s order and dismissed the appeal.
Appearances
Appellants- Mr. Sanjeev Sindhwani Sr. Adv., Mr. Rajat Bhardwaj, Mr. Sandeep Khatri, Mr. Ujjwal Bhardwaj, Advs
Respondents- Mr. J Sai Deepak, Sr Adv, Ms. Stuti Wason, Mr. Vipin Wason, Mr. Avinash Sharma, Mr. Raunaq Dalal, Advs.
