Global car group granted ex-parte injunction for trademark infringement of CARS24 and 24 formative marks
The plaintiff, i.e., Global Cars Group PTE Ltd., filed this trademark infringement suit seeking an ex parte injunction to restrain the defendants dealing in the infringing marks, namely, Bikes24x7 (Device mark). The trademark used by the defendant is identical or deceptively similar to the plaintiff’s trademark, which includes ’24 Formative Marks’ as set out in the plaint.
The plaintiffs adopted and first commenced using the ’24 Formative Marks’ in 2015 by adopting and using the said trademark CARS24 in India. CARS24 is also the house mark/trade name of plaintiff No. 2. The concept and idea of combining the words’ Cars’, ‘Funding,’ ‘Auction’ and ‘Unnati’ is the numeral ’24’ is an essential feature of all the trademarks of the plaintiffs.
The business of refurbishment of used automobiles has acquired several factories in India. As stated, the plaintiffs have carried forward this concept and idea by adopting and utilizing another trademark, namely, ‘Bikes24’, which is for second-hand motorcycles. The defendants are operating under the infringing marks Bikes24x7.
While searching for the word ‘Bikes24’, the plaintiffs came across the defendants who were using the infringing marks in connection with the business of second-hand/refurbished motorcycles. The defendants are operating under the website www.bikes24x7.com. In furtherance to the above, the defendants have even filed a trademark application for the mark in class 35. The current status of the applied mark is ‘objected’ and is thereby pending before the Registrar of Trade Marks. It is pertinent to note that the plaintiff has also served a cease-and-desist notice to the defendants to restrain them from using similar/identical trademarks.
The plaintiffs made out a prima facie case. It was clear that the defendants were prima facie trying to adopt a trademark that is deceptively similar to the plaintiff’s trademark. Justice Jayant of the Hon’ble Delhi Court restrained the defendants from using in any manner the infringing mark ‘Bikes 24×7’ or any other trademark which is deceptively similar to the plaintiff’s trademark or a variant of the plaintiffs 24 formative marks, by way of an ex-parte injunction order. The Court further directed the defendants to suspend the domain name https://bikes24x7.com/ expeditiously within three weeks from the date of receipt of the order.
Author: Vishishta Mishra, student at UPES, Dehradun
Disclaimer: This brief is intended to provide general guidance to the subject matter. It does not contain legal advice. For any specific advice/corrections, write to [email protected]
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