The plaintiff claims to be a registered partnership firm engaged in manufacturing and selling incense sticks/Agarbathies and Dhoops since 1948. The plaintiff adopted and has been using the trade mark "Cycle Brand" with the device of a "Cycle" since July 1953. The plaintiff has obtained registrations for the "Cycle Brand" trade mark in various classes, including Class 34 for safety matches. The plaintiff's trade mark "Cycle Brand" has become a well-known mark and enjoys tremendous goodwill and reputation.

The defendant contended that the same has been manufacturing and marketing safety Matches under the name "Cycle" with the device of a "Cycle" since 1995. The defendant claims to be the prior user of the "Cycle" mark for safety matches. The defendant argues that Agarbathies and safety Matches are different products falling under different classes, and therefore, there is no infringement or passing off.

The court found that the defendant's use of the "CYCLE" mark with the device of a "Cycle" infringes the plaintiff's well-known registered trade mark under Section 29(4) of the Trade Marks Act. The plaintiff has established the extensive use and reputation of the "CYCLE" mark since 1954, which the defendant has dishonestly adopted.

The court held that the defendant's adoption of the "CYCLE" mark is dishonest and with the intention to ride on the plaintiff's reputation, constituting passing off. The court found that the defendant has not proved that he is the prior user of the "CYCLE" mark for safety matches, as compared to the plaintiff's prior use since 1954.

The court held that given the "well-known" status of the plaintiff's "CYCLE" mark and the allied/cognate nature of the goods, the plaintiff is entitled to claim exclusive monopoly over the "CYCLE" mark across all classes of goods and services. Based on the findings of infringement and passing off, the court granted the plaintiff's prayer for permanent injunction against the defendant.

Case Citation: N.Ranga Rao & Sons Private Limited Vs Sujatha Match Works: 12.07.2024/C.S. No.310 of 2014 :Madras High Court: P. Velmurugan H.J.

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Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539