Using HP+ for Screws Infringes Registered HP Mark: Delhi High Court Upholds Interim Restraint

Using HP+ for Screws Infringes Registered HP Mark: Delhi High Court Upholds Interim Restraint

The Delhi High Court upheld an interim order restraining Ganraj Enterprises from using HP+ and HP®+ for screws.

The dispute arose after Landmark Crafts, owner of the registered “HP” trademark in Class 6, discovered identical screws being sold under deceptively similar marks.

Applying the statutory presumption of validity, the Court found that the competing marks were nearly identical and used for the same goods, amounting to infringement under Section 29 of the Trade Marks Act, 1999. It also noted that the unauthorised use of the ® symbol reflected a lack of bona fides and heightened consumer confusion. 

Dismissing the appeal, the Court allowed the restraint to continue during the pendency of the suit.

[Ganraj Enterprises & Ors. v. Landmark Crafts Pvt. Ltd & Anr.]

Read Judgment / 3 months ago

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