The court notes that the ‘Power’ mark of Bata India and ‘Power Flex’ mark of Leayan Global carry a deceptive similarity
In a major development, the Delhi High Court (HC) has temporarily barred the leather and footwear division of RSPL Group, Leayan Global from using the name ‘Power Flex’. The order came in relation to a trademark case filed against the company by Bata India, which sells some products under ‘Power’ brand.
The Delhi HC upheld the order which was passed by its single-judge bench in 2019. Justice C Hari Shankar and Justice Om Prakash Shukla of a division bench noted that the ‘Power’ mark of Bata India and ‘Power Flex’ mark of Leayan Global carry a deceptive similarity. The court added that there is a possibility of confusion as these marks were used for products which are similar in nature.
“There is every likelihood of such an average consumer, who is aware of the Power brand of Bata used for canvas footwear, on coming across the Power Flex brand for leather footwear, presuming that Bata might have expanded its reach to include leather footwear. This likelihood of confusion stands exaggerated by the similarities between the marks Power and Power Flex,” the court added.
The bench pointed out that while examining the aspect of similarity and likelihood of confusion, the court must take into account the possibility of scope for expansion of the plaintiff’s commercial enterprise. Simply put, Bata may today be using the mark Power for canvas footwear, but there is every possibility of the company expanding the range of footwear manufactured and sold by it under the Power brand to include leather footwear or any other kind of footwear.
Bata had further requested the court to restrain Leayan from using the expression ‘power of real leather’. However, the court refused to direct the company to not use it.
In a separate development, Preventing Madhya Pradesh-based Jagpin Breweries from using the name ‘Cox 5001’ for its beer, the Bombay High Court ruled in favour of AB InBev in a trademark infringement case and issued a permanent injunction, as per the reports.
The ruling comes over a decade after the Indian arm of the company filed a trademark infringement case against the beer producer. The company sells ‘Haywards 5000’ beer in India. The reports noted that the court highlighted that the use of ‘Cox 5001’ trademark amounts to ‘passing off’. The term refers to making a false representation that is likely to mislead someone into believing that the item comes from another source, the reports pointed out, since the numeral 5001 is visually and conceptually similar to 5000.
