A Delhi court has restricted Flipkart from employing brand MarQ till February 5, 2018, giving a blow to the large appliances private brand of the ecommerce major. The temporary judgment followed after city-located appliances maker Marc Enterprises blamed that Flipkart’s label was analogous to its own and in infringement of its brand enrolled in 1984.
“It appears that based on the first impression there is phonetic resemblance between the trademark MarQ of the defendant and trademark Marc of the applicant,” Chandra Shekhar, additional district judge at Patiala House Courts in New Delhi, said in his ruling on Thursday. The “irreparable loss and balance of convenience ” are in favor of the applicant and in opposition to the defendant, the judge claimed. he further added that Flipkart is restricted from employing the brand of MarQ for its goods in any type and from any website until the upcoming hearing planned on February 5.
“Since the case suit is under judicial consideration and therefore banned from public discussion elsewhere, we do not desire to give the names,” a spokesperson of Flipkart claimed to the media in an interview. “On the other hand, all trademarks, comprising MarQ, accepted by Flipkart are unique and do not impose on the rights of any 3rd party. Flipkart India will be taking all measures below the law to defend its rights.”
Lawyers of Flipkart informed the court that both names are spelt in a different way and are not misleadingly analogous and the firm has already registered for MarQ as a trademark. They claimed that Flipkart has already traded almost Rs 9 Crore worth of ACs, TVs, microwave ovens, and washing machines among other similar appliances, ever since its roll out in August, as per a source well known with the issue. The source wished to be unnamed.