Reliance Successfully Sues for Trademark Infringement
Trademarkclick .com 8 Jul 2019

Reliance Successfully Sues for Trademark Infringement

Reliance has recently won a trademark infringement suit against nutraceutical firm True Care Life Sciences. True Care Life Sciences is a firm based out of Mumbai and is involved in the production of food supplements. Reliance Industries Ltd. had brought about a lawsuit against this firm for the alleged violation of their trademark rights. Reliance had sought a permanent injunction against True Care Life Sciences from using the deceptively similar trademarks “JIOFIT” and “JIOFER” in connection with the products that they produce and sell. The trademark “JIOFIT” was already being used by the firm in the market; whereas “JIOFER” was yet to be launched into the market and was under consideration.

Reliance Industries Ltd. had registered the trademark “JIO” in 2015 and since then, it has successfully sued many other companies for infringement of its trademark. On June 10th 2019, the Bombay High Court passed a decree in favour of Reliance Industries Ltd. with consent from the defendants in this particular case.

After a three hours hearing on the Notice of Motions, the defendants stated that they are willing to submit to a decree in terms of some of the prayers sought by the telecommunication giant. Accordingly, they agreed upon the following terms:

a. A permanent injunction against them and their servants, agents, distributors or representatives or any person claiming through or under them from using in relation to any of its goods, the impugned trademarks "JIOFIT" and "JOIFER" by itself or in combination with any other word which is identical with or deceptively similar to the plaintiffs' registered trademarks "JIO".

b. The defendants and their servants, agents, distributors or representatives or any person claiming through or under them would not make any attempt to pass off and/or enable others to pass off the defendants' goods and services as the goods of the plaintiffs' or in some manner connected with the plaintiffs'.

c. The defendants would destroy all items, goods, stationery, packing material, etc. bearing the impugned trademarks and any other mark that is deceptively similar or identical to Reliance’s “JIO”.

The Bombay High Court was thus pleased to pass an order directing the defendants to provide the plaintiffs with the true and correct accounts of stock available with them and the stock given to wholesalers/distributors/retailers with the name, addresses and contact details of wholesalers/distributors/retailers within 2 weeks from the date of passing the order. The Hon’ble Court further directed them to hand over packing materials, labels etc. bearing the impugned trademarks to plaintiffs for destruction within 4 weeks from the date of the order. The Court stated that the defendants will be at liberty to remove the contents of the products and deal with it as they deem fit, so long as they do not use the impugned trademark or any other name which is deceptively similar to the trademark owned by Reliance. The Court directed the defendants to apply to the registering authority for the withdrawal of the impugned trademarks.

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