"Like theft in a police station": Delhi High Court on Indian companies copying Japan Patent Office logo

The Delhi High Court recently granted an injunction in favour of Japan Patent Office (JPO) which alleged that its logo was being copied by certain Indian manufacturing companies [Japan Patent Office v. MS. A2Z Glass And Glazing Co. & Ors]..Justice Pratibha M Singh said restrained three Indian manufacturing companies from using JPO’s mark and logo in the suit filed by Japanese government agency, which is in charge of the affairs relating to Industrial Property Rights in Japan. Interestingly, the Court said that the fact situation could be likened to a theft being committed inside a police station. “The suit presents a rather ironic situation, like a theft being committed in a police station. The JPO which itself protects and grants registrations to Intellectual Property owners, finds that its own mark/logo has been illegally adopted by the Defendants,” observed the Court.The Court said JPO does not have a registered trademark or copyright in its favor. However, it opined that the same was but natural as the JPO could have never imagined that its own logo would be imitated by anyone.“This is a case where the Intellectual property office of Japan has found itself at the receiving end of infringement and imitation by an unscrupulous Defendants,” the Court observed..Japan Patent Office in the suit alleged that its logo ‘JPO’ was being copied by defendants - A2Z Glass & Glazing Co, Future Architectural Glass Fitting and Future Overseas by use of identical logos for manufacture and sale of various tools.In India, the JPO has a history of holding training programs and seminars in the field of Intellectual Property since 2006. A Memorandum of Understanding (MoU) was also entered into between JPO and Indian Patent Office in 2006, it was submitted.Advocate Pravin Anand, representing JPO, said the defendants have blatantly copied JPO mark and logo and even filed for trademark registration of ‘JPO Platinum’. The logo has been copied in the same colour combination, Anand submitted..After hearing the submissions and examing the records, Justice Singh said that use of identical colour combination and an identical logo by the defendants leaves no manner of doubt that the same was a complete imitation and copy of the JPO’s logo.The Court added that the defendants can have no explanation whatsoever for adopting the JPO logo as it is an original artistic work. The logo is entitled to copyright protection as since the date of its creation, Japan is a World Trade Organization (WTO) country, opined the Court.“Under Section 14 of the Copyright Act, 1957, JPO would have the exclusive rights to use this logo,” the Court held..The Court also said the defendants’ use of the identical mark and logo would be violative of JPO’s goodwill and brand equity. Such misuse would cause dilution to the plaintiff’s logo, it added.“In any event, the same would also be infringement of the copyright in the Plaintiff’s logo,” the Court said.Concluding that JPO had made out a prima facie case for grant of an ex parte injunction, the Court said balance of convenience also lies in favour of the plaintiff considering that it was a well reputed patent office in the world.“If an injunction is not granted in the present case, it will lead to irreparable loss/harm to the Plaintiff’s reputation and goodwill as also lead to Dilution of its brand equity. This is a fit case for grant of an ex parte injunction,” the order said..Accordingly, the Court restrained the defendants from using the JPO mark, logo as well as the mark ‘JPO Platinum’ or any other similar mark or logo, in respect of any products or services with immediate effect.The Court also issued summons to the defendants in the suit and listed it for hearing on April 8, 2024. Advocates Pravin Anand, Dhruv Anand, Udita M. Patro, Sampurnaa Sanyal and Nimrat Singh represented the Japan Patent Office..[Read Order]