Frankfinn Aviation Services sues Frankinn Creations

NEWS

By Pallavi Paul

Frankfinn Aviation Services Pvt. Ltd has filed a suit for a permanent injunction against ‘Frankfinn Creations’ concerning infringement of their registered trademark ‘FRANKFINN’. The Aviation Company has been using the trademark ‘FRANKFINN’ for various classes and has been running training institutes under the trademark ‘FRANKFINN’ and ‘FRANKFINN INSTITUTE OF AIR-HOSTESS TRAINING’.  The plaintiff contended that the defendants using the identical trademark ‘FRANKFINN’ and ‘FRANKFINN CREATIONS’ will deceive the public at large and create consumer confusion 

NEWS

By Pallavi Paul

as the area of operation and services offered by them is overlapping with the services provided by the plaintiff, i.e., management services. The plaintiff also prayed for an appointment of a Local Commissioner to visit the defendant’s premises and seize the infringing products used by the defendants concerning the trademark ‘FRANKFINN’ and ‘FRANKFINN CREATIONS’. Justice Asha Menon of the Hon’ble Delhi High Court ruled that the balance of convenience favors the plaintiff as they have been prolonged and prior user of the trademark ‘FRANKFINN’ and have acquired considerable goodwill in the market since the year 2006-07. In contrast, the defendants have only started their business in the year 2020. 

NEWS

By Pallavi Paul

The Court thereby restrained the defendants from using the trademark ‘FRANKFINN’ until the next hearing date. A Local Commissioner was also appointed, and a representative of the plaintiff was asked to accompany the local commissioner.