Bombay High Court Grants Interim Injunction in Trademark Infringement Suit, Favors SML Limited Against Safex Chemicals India Ltd

Bombay High Court Grants Interim Injunction in Trademark Infringement Suit, Favors SML Limited Against Safex Chemicals India Ltd

Introduction

The Bombay High Court has delivered a judgment in a trademark infringement and passing off suit filed by SML Limited against Safex Chemicals India Ltd. The court has granted an interim injunction in favor of the plaintiff, restraining the defendant from using the mark 'TRACKON' for insecticides.

Factual Background

The plaintiff, SML Limited, is a company engaged in the business of manufacturing and selling fertilizers and other agricultural products. The plaintiff has been using the trademark 'TRACKON' and 'TRACKON GOLD' for its products since 2018. The defendant, Safex Chemicals India Ltd, is a company engaged in the business of manufacturing and selling insecticides and other agrochemicals. The defendant has been using the mark 'TRACKON' for its insecticide products since 2020.

Procedural Background

The plaintiff filed a suit against the defendant for trademark infringement and passing off, seeking an interim injunction restraining the defendant from using the mark 'TRACKON'. The court heard the parties and reserved its order.

Issues

1.  Whether the defendant's use of the mark 'TRACKON' for insecticides constitutes trademark infringement?
2.  Whether the defendant's use of the mark 'TRACKON' constitutes passing off?

Contentions of the Parties

Plaintiff's Contentions: The plaintiff contended that the defendant's use of the mark 'TRACKON' for insecticides is likely to cause confusion among consumers and constitutes trademark infringement. The plaintiff also claimed that the defendant's actions constitute passing off.

Defendant's Contentions: The defendant contended that its use of the mark 'TRACKON' is not likely to cause confusion among consumers and that the products are different. The defendant also claimed prior use of the mark.

Reasoning and Analysis

The bench of Justice Sharmila U. Deshmukh observed that the rival marks are identical, and the products are similar. The court held that the plaintiff has made out a prima facie case of trademark infringement and granted an interim injunction restraining the defendant from using the mark 'TRACKON' for insecticides. However, the court dismissed the plaintiff's claim for passing off.

Implications

The court's order highlights the importance of protecting trademark rights and the potential consequences of infringement. The decision also underscores the distinction between trademark infringement and passing off.

In this case the plaintiff was represented by Mr. Hiren Kamod a/w Ms. Lata Dhruv, Ms. Anushka Divakaran, Ms. Charu Budhadev, Advocates instructed by Dharu & Co.