The Delhi High Court recently restrained KK and Company Delhi Pvt. Ltd. (“Defendant”) from using the PRESTIGE mark to offer gas stoves, kitchenware or any related goods following a trademark infringement suit filed by TTK Prestige Ltd. (“Plaintiff’).
The suit was based on the Plaintiff’s earlier rights in the PRESTIGE mark used in relation to ‘pressure cookers’, ‘gas stoves’ and other kitchenware.
The court observed that the Plaintiff has prior statutory rights as well as common law over the PRESTIGE mark for ‘pressure cookers’, ‘gas stoves’ and other kitchenware. Further, the court, while rejecting the Defendant’s user claim since the year 1981 due to the lack of sufficient evidence to substantiate its claim, reiterated that continuous use, and not merely sporadic use, must be established to take the defence of Section 34 of the Trade Marks Act.
The court also rejected the Defendant’s claim that, since the Plaintiff obtained statutory rights over the PRESTIGE mark for ‘gas stoves’ only in 1999, Defendant should be allowed to continue using the PRESTIGE mark to offer ‘gas stoves’. In this regard, the Court noted that all the rival goods being kitchen appliances, are allied and cognate in nature, and hence, if the Defendant is permitted to use the PRESTIGE mark to offer ‘gas stoves’, it is likely to cause confusion in the market.
Accordingly, the court granted an ad interim injunction in favour of the Plaintiff and restrained the Defendant from using the PRESIGE mark in relation to any kitchen appliances.
TTK Prestige Ltd. v. K K and Company Delhi Pvt. Ltd. and Ors., Judgment dated February 20, 2023