The Delhi High Court recently dismissed an application for interim injunction by Bolt Technology OU (“Plaintiff”) against Ujoy Technology Pvt Ltd (“Defendant”), from using the BOLT Mark in relation to EV charging station for its alleged identity with that of the Plaintiff’s BOLT Mark.
It was the Plaintiff’s case that the Defendant’s adoption and use of the BOLT Mark in relation to EV charging station amounts to passing-off of the Defendant’s services as the services originating from the Plaintiff. The Plaintiff relied on global goodwill and reputation earned through worldwide presence, online presence, revenues, articles from India media houses, downloads of its mobile applications by Indian consumers to support its case.
The Court disagreed with the Plaintiff and held that, while the Marks are similar, the Plaintiff’s taxi services and the Defendant’s EV charging stations are neither similar nor allied or cognate, and hence, the Plaintiff’s worldwide goodwill and reputation in taxi services is not sufficient to make claims in India related to EV Charging. The Court further held that the mere fact that Indian consumers have availed the Plaintiff’s taxi services abroad is not enough to show reputation in India. It must be shown that such services were booked in India to be used in the Plaintiff’s country. The Court also considered the article relied on by the Plaintiff which does not mention anything about EV Charging station or even the Plaintiff’s expansion to India.
The Court, lastly, noted that since the Plaintiff does not have a spill over reputation in India and probably has a mere intention to enter Indian market in the foreseeable future, the Plaintiff has not established the likelihood of consumer confusion and hence, a case of passing-off cannot be made.
Therefore, the application was dismissed in favour of the Defendant.
Bolt Technology OU Vs. Ujoy Technology Pvt Ltd & Anr. CS (Comm) 582/2022