The Delhi High Court recently granted an injunction in favor of Wipro Enterprises Pvt. Ltd. in a trademark infringement case against Wipro Gas Service. The background of the case dates back to when Wipro Enterprises Pvt. Ltd. discovered that Wipro Gas Service was using the trademark "WIPRO" for providing LPG gas pipeline installation and repair services without authorization. Wipro Enterprises Pvt. Ltd. had registered its trademark "WIPRO" and its formative trademarks in various classes under the Trade Marks Act, 1999.
The main issues in the case were whether Wipro Gas Service's use of the trademark "WIPRO" constituted trademark infringement and whether Wipro Enterprises Pvt. Ltd. was entitled to an injunction to restrain Wipro Gas Service from using the mark. Wipro Enterprises Pvt. Ltd. argued that Wipro Gas Service's use of the trademark "WIPRO" was likely to cause confusion among consumers and damage Wipro's reputation.
The Delhi High Court ruled in favor of Wipro Enterprises Pvt. Ltd. and granted an ex parte ad interim injunction restraining Wipro Gas Service from using the trademark "WIPRO" or any other mark that may be identical or deceptively similar. The court held that Wipro Enterprises Pvt. Ltd. had demonstrated a prima facie case for the grant of injunction and that it would suffer an irreparable loss if no injunction was granted.
The court's observation that Wipro Gas Service's use of the trademark "WIPRO" was likely to cause confusion among consumers highlights the importance of protecting trademark rights. The court's ruling demonstrates that it will not hesitate to intervene and grant relief when a prima facie case of trademark infringement is established.
In conclusion, the Delhi High Court's decision in this case emphasizes the need for businesses to protect their trademark rights and take action against infringers. The decision also highlights the importance of prior registration of trademarks and the need for courts to consider the likelihood of confusion among consumers when determining whether trademark infringement has occurred.
Wipro Enterprises Pvt. Ltd. v. Wipro Gas Service;
2024 SCC OnLine Del 9423
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