The Legal Saga of ITC Limited and Its Trademark “AASHIRVAAD”


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	Blog Categories All Corporate Laws (1) Direct Tax (3) Govt. Schemes (1) Indirect Tax (4) Trademarks (2) The Legal Saga of ITC Limited and Its Trademark “AASHIRVAAD” Category: Trademarks, Posted on: 09/05/2023 , Posted By: CS Nikhil Israni Visitor Count:886 Trademark infringement is a serious issue that can harm the reputation and goodwill of a brand. It can also confuse and mislead the consumers and affect their trust and loyalty. In this blog post, I will share with you how ITC Limited, a multinational conglomerate that owns the trademark "AASHIRVAAD" for its range of products, including atta, wheat and other cereal preparations, successfully defended its trademark rights against a rival company that was using the same trademark for its products. The story begins in 2016, when ITC Limited filed a suit for trademark infringement and passing off against Muralidharan Nair and his associates, who were the owners of a company that also manufactured and sold similar products under the trademark "AASHIRVAAD". They claimed that they had been using the trademark since 2010 and had acquired goodwill and reputation in the market. ITC Limited sought an injunction to restrain them from using the trademark "AASHIRVAAD", alleging that they were infringing its registered trademark and causing confusion and deception among the consumers. The Calcutta High Court granted the injunction in favour of ITC Limited on 23rd November, 2016 and ordered the defendants to stop using the trademark till further orders. However, Muralidharan Nair and his associates did not comply with the order and continued to use the trademark "AASHIRVAAD" for their products. They also launched a media campaign to malign ITC Limited and its products, accusing them of being inferior and adulterated. ITC Limited filed a contempt application against them for violating the order dated 15th December, 2016. The court issued a notice to the alleged contemnors on 6th July, 2022 and adjourned the matter to 28th July, 2022. Meanwhile, ITC Limited also filed an application for leave under Clause 14 of the Letters Patent to join several causes of action against Muralidharan Nair and others in one suit. The plaintiff claimed that this court had jurisdiction to entertain the suit for trademark infringement under Section 134 (2) of the Trade Marks Act, 1999 as its registered office was situated within the jurisdiction of this court. The court granted the leave and allowed the plaintiff to amend the plaint accordingly on 24th August, 2022. On 16th January, 2023, the court heard the contempt application and found that Muralidharan Nair and his associates had willfully disobeyed the order dated 15th December, 2016. The court directed the police authorities to execute the warrant of arrest against the contemnor no.3 (Mr. Rajesh Kumar, one of the associates of Muralidharan Nair) and produce him before the court. The contemnor no.3 appeared before the court and gave an undertaking to abide by the order and not to use the trademark "AASHIRVAAD" anymore. The petitioner was satisfied with the undertaking and did not want to proceed any further with the contempt application. The court disposed of the contempt application and passed a decree in favour of ITC Limited in the suit for trademark infringement. The court also discharged the warrant of arrest against the contemnor no.3. This was a landmark victory for ITC Limited, as it secured its trademark rights and protected its brand image from being tarnished by a trademark infringer. It also sent a strong message to other potential infringers that they would not be spared from legal action if they violated ITC Limited's intellectual property rights. I hope you enjoyed reading this blog post and learned something new about trademark infringement and how it can be dealt with in courts. If you have any questions or comments, please feel free to share them below. Disclaimer: The content of the blog does not create any responsibility of the firm / its authorized persons whose website is being accessed. The blog is not for legal use. Kindly verify the correctness of data/contents from your own sources. This is only for information purpose. Add a Comment Name: Your Comment: View Comments (0)

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