Bombay High Court rejected the petition, challenging the decision of single judge bench [Read Judgment]

Team SoOLEGAL 17 Aug 2017 4:04pm

Bombay High Court rejected the petition, challenging the decision of single judge bench [Read Judgment]

The Bombay High Court bench comprising Justices Naresh Patil and Bharti Dangre, rejected a petition filed by Freudenberg Gala Household Pvt Ltd, challenging the credibility of a decision passed by a single Judge bench of the High Court. The bench has dismissed the petition on the grounds that a Hindu God’s name is not exclusively reserved for one party.

A single Judge Bench rejected the notice of motion seeking interim relief filed by appellant’s company against the respondent’s company GEBI for selling brooms under their Trademark “Mahalakshmi”. Both the companies deals in manufacturing and selling of household items like brooms, mop, etc. Appellant’s company adopted the trademark “Lakshmi” and later it was assigned to Gala Clean Aids Pvt Ltd. The name of the company then changed to Freudenberg Gala Household Pvt Ltd. 

The appellant’s company found that their rivals are using their Trademark, therefore filed a complaint against the respondent’s company.     

Advocate Rashmin Khandekar representing Freudenberg, argued that respondant’s trademark is similar to the appellant’s registered trademark of the same household item, brooms. The defendant was aware of Plaintiff’s trademark “Lakshmi” which acquired popularity for years and allegedly violated it with “Mahalakshmi”    

Advocate Rohan Cama, appearing for GEBI argued that both trademarks bear no visual resemblance.

A single Judge bench observed that Lakshmi is a very common name and couldn’t be used exclusively by any particular person. It is one thing to protect a label mark and an entirely different thing to claim monopoly over a common word.

Read the Judgment Here:

Bombay High Court   Justice Naresh Patil   justice Bharti Dangre  

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