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Daimler Benz Aktiengesellschaft & Anr v. Hybo Hindustan, AIR 1994 Delhi 239

Daimler Benz Aktiengesellschaft & Anr v. Hybo Hindustan, AIR 1994 Delhi 239

 

FACTS:

  • German automaker Mercedes-Benz was the Plaintiff. In 1951, it was registered in India. It is one of the most recognisable marks in the world.
  • The Defendant was involved in producing undergarments with a “Three-Pointed Human Being in a Ring” mark and used the word “Benz”. 
  • A “well-known” trademark is one that has an exceptional reputation and public recognition. 
  • The Plaintiffs, who are a well-known German automaker and its Indian subsidiary, sued the Defendant for using its trade mark “Benz” coupled with the design of a three-pointed human being on undergarment, seeking a permanent injunction prohibiting trademark infringement.
  • “Benz” and “Three-Pointed Human Being in a Ring” are the mark and word which have been referred to in the present case.

ISSUE:

  • Whether injunction can be granted to the Plaintiff, restraining Defendants from use of its trade mark ‘Benz’ along with the device of a three-pointed human being on undergarments?

 

HELD:

  • The court held that the Defendant should be restrained from referring to any undergarments that is manufactured by them by using the word “Benz.”
  • The Court stated that there is no legitimate justification for any trader in India to use the name “Benz,” which is connected to one of the world’s best-engineered automobiles, with respect to ordinary goods, in this case, undergarments.
  • The court acknowledged the international reputation of “Benz” and that there is barely anyone who would fail to identify the mark “Benz” with the car Therefore, no one can claim that they are ignorant of the usage of the “Benz” brand in connection with automobiles.
  • A well-known” trademark is granted special rights, such as the ability to prevent the registration of a similar trademark not only with respect to the goods and services with which it is associated, by across all classes.
  • It ordered that injunction should be issued, restraining the defendant to cease and desist from carrying on trade in any undergarments in the name of “Benz” and “Three Pointed Human Being in a Ring”.