Carrefour v. V. Subburaman 2007(35) PTC 225
FACTS
The plaintiff was proprietor of trademark ‘Carrefour’ which was registered in India in respect of a variety of products but not furniture. The defendant started using the same mark, but for furniture.
The plaintiff filed a case for injunction.
ISSUE
Is there infringement on the plaintiff’s mark even though it was not registered for furniture in India?
HELD
The plaintiff had goodwill and reputation in several countries, they had over 2500 registrations of this mark over a variety of products including furniture AND they had obtained registration of this TM in India since 1995.
The defendant had no explanation for why they chose to use this TM.
Hence the public was likely to be deceived as the plaintiff’s company covered a variety of goods spanning across multiple nations and it would be easily believable that the defendant’s goods were also related to the plaintiff’s company
Video Summary https://www.youtube.com/watch?v=jhhBAABxhG0&list=PL-1DBVyVi7EaCojbQa5_XKBVJqA1y1REh&index=3