Delhi High Court Grants Interim Injunction In Favour Of 'USHA' Sewing Machines In Trademark Infringement Suit

The Delhi High Court has granted ad interim injunction in favour of famous sewing machines brand 'USHA' in its trademark infringement suit against a company for using a deceptively similar mark 'TUSHA' in respect of same products.

Justice Navin Chawla was of the view that the two marks were deceptively similar and that Usha International Limited had shown its goodwill and reputation in its mark 'USHA'.

The suit claimed that Usha International Limited had adopted the mark USHA in the year 1936 and had been using the same in relation to sewing machines and its parts.

It was asserted that USHA logo comprised an 'original artistic work' under sec. 2(c) of the Copyright Act, 1957 and was registered as copyrighted works in the years 1970 and 1979, thereby giving Usha International Limited the exclusive right to copy or reproduce the same.

Usha had further claimed that it gained knowledge of the use of the mark only in the first week of March, 2022 by the defendant namely Haseen Ahmed trading as Tusha Sewing Machine Company.

The defendant, however, asserted that the mark TUSHA was registered with respect to the sewing machines and parts.

It was Usha's case that the registration applied for by the defendant was done on a 'proposed to be used' basis which was granted during the COVID-19 pandemic period. It was argued that in terms of the judgment of passed by a Co-ordinate Bench, such registration, on opposition being filed by the plaintiff, is deemed to have been suspended.

While granting ad interim injunction in favour of Usha, the Court appointed a Local Commissioner for visiting the premises of the defendant.

The Court directed the Local Commissioner to take stock of and inventorize all products in the premises as well as confiscate and release on superdaari to the defendant all such products.

"The Local Commissioner shall be at liberty to seek police assistance and protection, if required, to execute the order of this court, and the SHO of the said area is directed to provide immediate assistance to the Local Commissioner upon request," the Court added.

Case Title: USHA INTERNATIONAL LIMITED v. MR HASEEN AHMED TRADING AS TUSHA SEWING MACHINE CO

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