Bom HC: Civil Court Can Invoke Sec 151 CPC to Dismiss a Suit as Infructuous if Cause of Action Ends  ||  Kerala HC: Arrest Grounds Need Not Be Shared With Foreigner’s Family If FRRO Or Embassy is Informed  ||  Delhi HC Granted Interim Relief to JioStar in a Dispute over Legends League Cricket Broadcast Rights  ||  SC: Dishonour of a Post-Dated Cheque Alone Does Not Establish Dishonest Intent For Cheating  ||  SC: Disciplinary Proceedings Started During Service May Continue After Retirement If Rules Allow  ||  Supreme Court: Earning Interest on a Bank Deposit Does Not Make it a Commercial Purpose  ||  CCI Dismisses Complaint Against Rapido over Use of Private Vehicles in Bike Taxi Service  ||  Allahabad HC: State Must Protect Individuals Threatened for Conducting Prayers in Private Spaces  ||  Madras HC: Habeas Corpus Petition Cannot Be Used if Wife Voluntarily Elopes with Another Man  ||  Calcutta High Court: Post-VRS Service Benefits Cannot be Denied; Ex-Employees Entitled to Arrears    

Havells India Limited and Ors. v. Vivek Kumar and Ors. - (High Court of Delhi) (30 Apr 2016)

Havells wins trade mark battle against upcoming IPO

MANU/DE/1021/2016

Intellectual Property Rights

Havells Pvt. Ltd. trade mark infringement suit against a similarly titled company survived dismissal for lacking a fresh cause of action. The suit was predicated on the Defendants’ Draft Red Herring Prospectus towards its proposed Initial Public Offering, which depicted the ‘Havell’s’ mark prominently.

In an earlier judgment, the court had ruled in favour of Plaintiffs, restraining Defendants from using the mark in any capacity. However, Defendants had not disclosed in the Prospectus that in 1988 such an order had been passed against them.

The Court ordered inclusion of disclaimers distancing Defendants’ business from that of Havells. It also accepted the Defendants’ timely inclusion of a statement in the Prospectus that the ‘Havell’s’ mark belonged to the Plaintiffs.

Relevant : Bengal Waterproof Limited v. Bombay Waterproof Manufacturing Company & Another MANU/SC/0327/1997 Dolphin Laboratories Ltd. v. Arun Kumar Bansal, MANU/DE/0223/1995

Tags : HAVELLS   TRADE MARK   IPO   DISCLOSURE  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved