Delhi High Court smells a rat, grants Burberry interim relief in perfume trademark case

The Delhi High Court recently granted an interim injunction to luxury brand Burberry in a trademark infringement and passing off case..Justice Sanjeev Narula observed that a company called Petrol Perfumer Limited violated Burberry’s intellectual property rights, affecting its goodwill and reputation earned over the years."Defendants’ adoption of their trademarks does not appear to be in good faith, but rather suggests a deliberate attempt to exploit the reputation and goodwill associated with the Plaintiff’s marks. Such conduct is unacceptable, constituting a clear misrepresentation to consumers and effectively nullifying any superficial distinctions between the trademarks in question.".Burberry claimed that the defendants engaged in deceptive practices, exploiting its reputation and market standing. It was alleged that the defendants manufactured and sold perfumes and related items under the registered marks 'MY PETROL' and 'MR. PETROL,' which closely resembles Burberry's trademarks 'MY BURBERRY' and 'MR. BURBERRY'.Further, it was argued that the defendants copied Burberry's trade dress for these products..Moreover, it was contended that since the marks were used in respect of identical goods, there was a strong likelihood of confusion in the market and dilution of Burberry's marks.During the hearing, counsel for Burberry pointed out that the defendants were habitual infringers and adopted a modus operandi of counterfeiting products and imitating the marks and trade dress of several popular brands that have already gained recognition and reputation in the market..The defendant counsel argued that Burberry could not press for an injunction based on infringement, as the marks in question were registered.However, the Court opined that Burberry could seek an injunction for passing off..The Court noted that in the present case, all three ingredients of passing off - that Burberry has built a reputation through its marks; that the defendants are using the disputed marks and labels' trade dress on identical goods; and that if the defendants were allowed to continue doing so, it would undoubtedly result in irreparable harm to Burberry..In light of the above, the Court found that Burberry established a prima facie case in its favour."Accordingly, till the next date of hearing, the Defendants, their representatives and/or anybody acting on their behalf are restrained from using, selling, manufacturing, marketing, importing, exporting or dealing in any manner in the physical or online marketplace, under the impugned marks/ labels/ trade dress MY PETROL," the Court directed..Advocates Bitika Sharma, Rishi Bansal, Neeraj Bhardwaj and Vinny Pradhan appeared for Burberry.Advocates Archana Sahadeva and Harshita Bhoi appeared for the defendant..[Read Order]