News detail

30
Jul
2018

Gillette Company LLC vs. Tigaksha Metallics Private Ltd,

Psychological interpretation versus the traditional approach of phonetic and visual similarity….. A unique case in itself.

Recently, Delhi High court has extended an ex-parte injunction restraining the defendant from infringing the plaintiff’s mark. Surprisingly, the decision of the court was purely based on psychological theories, associative thinking, and memory retention.

Gillette(the plaintiff) instituted suit against Supemax (the defendant) and against Tigaksha Mettallics Private Limited in order to seek a permanent injunction from infringing the trademarks by adopting the mark Zorrik Talvar and some other variations of plaintiff’s mark.

Post the arguments and counterarguments by the plaintiff and the defendant, the court relied on studies of consumer psychology and memory to make decision or pass order on whether the idea conveyed by the mark is similar, and therefore likely to cause confusion. The court, here, was trying to associate ‘sword’(used by the plaintiff) and ‘talvar’(used by the defendant). The court based it’s interpretation based upon the case law of Allied Blenders(Officer’s Choice v/s Collector’s choice) and also cited one survey conducted regarding beverages which was based upon shared conceptual background.

The court altogether ignored the phonetic and visual dissimilarity between both the brand names Wilkinson(plaintiff’s mark) and Zorrik(defendant’s mark) stating that this does not save the respondents because it is not perceived to affect the association of ‘sword’ and ‘talvar’. Accordingly, the court believes that the psychological imagery evoke by the respondent’s mark overpower the similarities or differences in appearance and sound.

Be in touch with us on info@trademark.in. 25324718. www.makhijaandassociates.com.

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