Good year for ‘GOODYEAR TYRE COMPANY’ as Delhi High Court grants injunction in trademark infringement suit
NEWS
By Pallavi Paul
One of the world’s largest tyre company, ‘The Good Year Tire and Rubber Company’ filed an application against ‘Deva Nand Shukia’ seeking ex-parte injunction to prevent infringement of their registered trademark ‘GOOD YEAR’. The plaintiff’s trademark ‘GOOD YEAR’ has been in use in the US since the year 1906 and has been adopted in India in the year 1920. They have also secured many registrations in the said mark under Class 1, 4 and 12 respectively, the oldest among which dates back to the year 1943 under Class 12 for vehicle wheels and inner tubes.
NEWS
By Pallavi Paul
In and around the month of February, 2020 it came to the knowledge of the plaintiff that the defendants have registered the mark ‘GOOD YEAR’ under Class 4 for break oil, grease, gear oil and others. The plaintiff immediately filed a cancellation application for the impugned mark dated 16.03.2020. The defendants had accepted the notice as well and the matter was listed for hearing on 26th April, 2021. But when the matter was called for hearing, the Hon’ble Court suggested the defendant may try and resolve the matter. But on 3rdMay, 2021 the defendants argued that no interim order can be passed in favor of the plaintiffs as they have been using the mark ‘GOOD YEAR’ since 1997 and have secured registration on the same in the year 2002.
NEWS
By Pallavi Paul
However, to this the plaintiff’s contented that they have been using the mark ‘GOOD YEAR’ much prior to the defendant’s use and registration i.e., since 1920 and the mark can be prima facie marked as a well-known trademark. Justice Jayant Nath of Hon’ble Delhi High Court granted injunction in favor of the plaintiff and thereby restrained the defendants from using the mark ‘GOOD YEAR’ or any other mark which is identical/deceptively similar to the plaintiff’s registered trademark, till further orders. The matter has been listed for hearing on 06.09.2021.