A leader in power products and electrical home appliances, Usha International Ltd. (‘Usha Intl.’) is a highly popular domestic brand having several registrations of the mark “USHA” in its favor in Class-7, in relation to sewing machines. The company had adopted the said mark in 1936 and it was subsequently declared a well-known mark in the year 2004. Due to extensive usage over the years, the word mark as well as the logo “ ” has acquired immense goodwill and reputation amongst the members of the trade and the public.
Usha Intl. contended that in September 2021, it came across sewing machines identical to its own being traded by a certain Mr. Tarun Arora. Under a company name , Krishan Enterprises, the identical goods bore the mark “WSHA” and the logos, , , and . Incidentally, the mark “WSHA” and the aforesaid logos were found to be in use for around a year. Registration of the impugned mark in Class-7 in relation to sewing machines was also found to be secured (which now stands cancelled). Furthermore, it was averred that, in November, 2021, many Cease and Desist Notices were issued by Usha Intl. Ltd., which were not replied to by Mr. Arora.
In consideration of the submissions advanced by the counsels, the Hon’ble Court held that Usha Intl. had successfully made out a prima facie case for grant of an ex-parte injunction. Besides, the balance of convenience also lay in their favor and in case an ex-parte injunction is not granted, Usha Intl. Ltd. is likely to suffer irreparable harm and injury, considering the immense goodwill attached with its trademarks.
Accordingly, till the next date of hearing, the defendant, its proprietor, partners, managers, employees, family, agents and all others acting for, claiming under or through or on its behalf or in concert with it, have been restrained from using the marks “WSHA” and logos, , , and or any other mark which is deceptively similar to the plaintiff’s marks. The matter is now listed before the Joint Registrar on 20th July, 2022.