Recently, Sukam Systems Private Limited was granted an ad interim injunction against Lithium Power Energy Private Limited, restraining it from using the SNOW-KAM, BIG CONQUEROR TUBULAR BATTERY and BIG WARRIOR TUBULAR BATTERY marks.
The plaintiff claimed to be a renowned manufacturer of inverters and batteries. The plaintiff asserted that it is the owner of the SU-KAM, BIG CONQUEROR and BIG WARRIOR marks and has used these marks on inverters since at least as early as 1998. The plaintiff was also asserted that the SU-KAM mark forms a dominant part of its corporate name.
The Delhi High Court, on the basis of the plaintiff’s averments and on a comparison of the rival marks held that the defendant’s marks were substantially similar to the plaintiff’s registered marks. The court held that such substantial similarity gives rise to a clear possibility of confusion in the mind of an average consumer. The court thus held that a clear prima facie case of trademark infringement and passing off was made out.