Sony Corporation (Plaintiff) vs Mr. Suresh Kaouromal Gambani ….. A case of well-known trademark (Defendant).
The present suit was filed by the plaintiff for permanent injunction restraining infringement of trademark, passing off, accounts of profits under the Trademark Act, 1999. Plaintiff is the registered proprietor of trademark “Sony “across various countries and even in India whereby it is registered in various classes. It is further stated that Sony has been recognized as a well-known trademark by the courts of law.
The Defendant M/s. Ashish garments, states the plaint that, is selling ladies undergarments under the trademark SONY allegedly since 1982. During the later course of hearing, when the present suit was taken up for consideration, it surprised the court that defendant’s mark had proceeded to registration without plaintiff’s to the mark being decided. Hence, the court previously granted an ad interim injunction order.
Currently, the court restrained the Defendant by permanent injunction from using the mark SONY or/and deceptively similar trademark or in any other manner which would amount to infringement of the registered trademark of the Plaintiff and/or passing off the services as and for the services of the Plaintiff or in any other manner whatsoever.
Court also ordered the Defendants to voluntarily withdraw their trademark application as well as voluntarily cancel their registration consisting the mark SONY. Court further order the defendant to place an Affidavit within a period of three weeks disclosing the stock in hand bearing the mark SONY and /or any other mark which is deceptively similar to the mark SONY and gave a time period of nine months for the defendants to dispose off their stock in hand.
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