Bombay High Court Limits The Purview Of A Well-Known Trademark

A trade mark with the status of a “well-known” significantly improves the extent of protection as it provides the proprietor, the exclusive right to the trade mark against all unlawful users thereof, regardless of the differences in the field of business, goods or services. The well-known trademark mark is protected not only for goods and services related to those with which it is already associated, but for non-competing goods and services. However, a more clarity was needed when the third party uses a registered trademark as a corporate or trading name though in respect of goods dissimilar to the ones for which the trade mark is registered. In such scenario, the question arises whether proprietor of the registered trade mark is entitled to an injunction on a cause of action in infringement under the provisions of Indian Trade Marks Act. This question has recently been answered by a three Judge Bench of Bombay High Court in the case of CIPLA Limited (Plaintiff) versus CIPLA Industries Private Limited (Defendant).

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