Synopsis: In a suit against trademark infringement, the High Court Receiver was directed to seize and seal all the products of Aristo Apparel in order to protect the Savla Corporation’s trademark of the brand name ‘SERO.’
An interim order of injunction against Aristo Apparels was passed by Justice GS Patel of the Bombay High Court to restrict them from using the ‘SERO’ trademark of Savla Corporation or any derivatives containing the ‘SERO’ trademark on men’s apparel.
After discovering that Aristo was selling products under the registered trademark ‘SERON’ and had also applied for the registration of the SERON label mark in the same class as ‘SERO’, Savla approached the High Court.
He stated that, there is no question that the plaintiff has made a sufficient prima facie case. Confusingly and deceptively, the Defendant’s label is similar to that of the Plaintiff. The Defendant would seem to rely on the goodwill and reputation of the Plaintiff. A definite structural, phonetic and visual similarity exists between the mark of the Plaintiff and the mark of the Defendant. There is no question that the artwork on which the Plaintiff enjoys copyright has been lifted and used by the Defendant with only the most minor and irrelevant modifications.
Justice Patel noted that before Aristo, Savla had invented and registered the “SERO” mark, and that Aristo was aware of the same.
The Court concluded from social media accounts, advertising materials and sales figures that sufficient material existed to illustrate the distinctive character of Savla’s marks and that those marks were uniquely known as Savla’s marks.
As such, Savla was granted ad interim relief, with the High Court restricting the usage of ‘SERO’ by Aristo or any other mark containing the word ‘SERO’ whether together or by itself or with any other word.
In order to ensure that the order was executed, Justice Patel directed the Court Receiver to seize and seal the offending products found in the Aristo apparel premises immediately. With police help, the receiver was empowered to break open the premises if necessary. It was further ordered that a report be submitted before the Court, by the Receiver by 23rd January 2021.