Delhi Court Bars Andhra Trader from Using 'Lakshmi Plasto', Awards Rs 2 Lakh to RC Plasto

A Delhi Commercial Court has restrained an Andhra Pradesh-based trader from using the mark “Lakshmi Plasto”, observing that it is deceptively similar to the mark “Plasto” used by RC Plasto Tanks & Pipes Pvt. Ltd., a manufacturer of water tanks and pipes.In an order dated October 30, District Judge (Commercial) Anuradha Shukla of Saket Courts also awarded Rs 2 Lakh in damages to RC Plasto for trademark infringment. As per RC Plasto, the company was incorporated in 1981 and manufactures and markets water tanks, PVC pipes, and related products under the “Plasto” brand. The company holds trademark registrations across several classes and sells its products nationwide and online through Amazon, Flipkart, and IndiaMART. In August 2022, RC Plasto discovered “Lakshmi Plasto” products being sold online. It later found that the proprietor had applied to register the mark in Andhra Pradesh and Telangana for identical goods. RC Plasto alleged that the trader was misusing its brand's goodwill, as “Plasto” was the distinctive part of its identity. It also noted that the trader had registered 'lakshmiplasto.com', closely resembling RC Plasto's domains 'plasto.in' and 'rcplasto.in'Lakshmi Plasto denied the claims, stating it had used the name since 2020 and built an independent reputation. It argued that 'Plasto' comes from plastic and is a common trade term. The Court disagreed, holding that RC Plasto was the prior user of the mark since 1981. It found the dominant element “Plasto” in both marks to be identical, likely causing consumer confusion. It further rejected the argument that “Plasto” was generic, ruling that it had gained distinctiveness through long and consistent use.It said, “since defendant's own case is that it got word plasto registered, it cannot take a plea that the word is generic to the trade and therefore, cannot be registered.” The Court made the earlier interim injunction (November 2022)permanent, barring the Andhra trader from using, selling, or promoting goods under the “Lakshmi Plasto” mark. Case Title: R C Plasto Tanks & Pipes Pvt ltd. v. Srilakshmi Nalubolu Case No: CS (COMM) 638/2022 For the Plaintiff: Advocate Shravan Kumar BansalClick Here To Read/Download The Order

Delhi Court Bars Andhra Trader from Using 'Lakshmi Plasto', Awards Rs 2 Lakh to RC Plasto

Ayushi Shukla

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