Kerala High Court Permits Shoranur Metal Industries LLP to Retain Generic Trade Name ‘Metal Industries'

The Kerala High Court set aside an injunction restraining Shoranur Metal Industries LLP from using the name “Metal Industries.”

The Court observed that the term was generic and descriptive, and could not be monopolised by the plaintiff, Metal Industries Ltd., which failed to demonstrate that the term had acquired distinctiveness or secondary meaning.

The Bench further noted that both parties operated under separate brand identities and that there was no likelihood of confusion among consumers.

Consequently, the Court held that neither trademark infringement nor passing off was established. The plea for an injunction was therefore dismissed, allowing Shoranur Metal Industries LLP to continue using its existing name.

[Shoranur Metal Industries LLP v The Metal Industries Ltd.]