[Trademark infringment] Bombay High Court restrains Aristo Apparels from using “SERO” or deceptively similar marks

In a suit against trademark infringement, the High Court Receiver was directed to seize and to seal all products of Aristo Apparel to protect the trademark of “SERO” brand name belonging to the Savla Corporation
[Trademark infringment] Bombay High Court restrains Aristo Apparels from using “SERO” or deceptively similar marks
Justice Gautam Patel, Bombay High Court

Justice GS Patel of the Bombay High Court has passed an interim order of injunction against Aristo Apparels restraining them from using the Savla Corporation’s trademark “SERO” or any derivatives containing the "SERO" mark on men’s apparel (Savla Corporation v. Aristo Apparels).

Savla approached the High Court after they discovered that Aristo was selling products under the mark “SERON” and had also applied for registration of the SERON label mark in the same class as “SERO”.

"SERO" label mark and "SERON" label mark
"SERO" label mark and "SERON" label mark

Upon examining the two rival marks, the Court found similarities between the two and noted that both marks were used in respect of the same class and types of goods - readymade garments and menswear.

He observed that,

"There is no manner of doubt in my mind that the Plaintiff has made out a sufficient prima facie case. The Defendant’s mark is confusingly and deceptively similar to that of the Plaintiff’s. Prima facie, it would appear that the Defendant is trading on the Plaintiff’s goodwill and reputation. There is a definite structural, phonetic and visual similarity between the Plaintiff’s mark and the Defendant’s mark. There is no doubt that the artwork in which the Plaintiff enjoys copyright has been lifted and used with only the most minor and irrelevant modifications by the Defendant."
The Defendant’s mark is confusingly and deceptively similar to that of the Plaintiff’s. Prima facie, it would appear that the Defendant is trading on the Plaintiff’s goodwill and reputation.
Justice GS Patel

Justice Patel observed that Savla had invented and registered the "SERO" mark before Aristo did, and that Aristo was aware of the same.

From social media pages, promotional materials and sales figures, the Court opined that there was sufficient material to show the distinctiveness of Savla’s marks and that these marks uniquely identified as Savla’s marks.

As such Savla was granted ad interim relief, with the High Court restraining Aristo using the “SERO” or any other mark containing the word “SERO” together or by itself or with any other word.

In order to ensure execution of the order, Justice Patel directed the Court Receiver to immediately seize and seal the offending products found in the premises of Aristo apparels. The Receiver was empowered to break open the premises if necessary with police assistance. Further, it was directed that a report be submitted by the Receiver by January 23, 2021, before the Court.

[Read order]

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Savla Corp. vs. Aristo Apparels.pdf
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