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HC restrains Punjab co from using ITC's brand name
December 10, 2003 17:27 IST
In a significant relief to ITC Ltd, the Delhi high court has restrained a Punjab-based garment manufacturer and its marketing arm from selling counterfeit apparel bearing the logo and brand name 'Wills Sport' of the corporate major.
Holding that a prima facie case for grant of ex-parte interim injunction is made out, Justice Manmohan Sarin directed the Ludhiana-based Vaishnavi Apparels and its marketing arm in Chandigarh Sham Jeans Palace to stop selling apparel bearing ITC's logo and mark 'Wills Sport', in which the company has common law and trade mark rights.
Advocate Man Mohan Singh, appearing for ITC, had alleged the use of identical mark and logo by the little known garment manufacturer was illegal and they adopted it with malafide intention to pass off its goods as those of ITC.
Accepting the contention, the court said "adoption of trade mark 'Wills Sport" and logo is apparently with dishonest intention of passing off Vaishnavi's products as that of ITC's."
ITC had submitted the company has diversified its business in the recent years and its lifestyle division has been making inroads into the fashion industry and 'Wills Lifestyle' has been established as a chain of exclusive stores providing the consumer international shopping experience under several other brands such as 'Wills Clublife', 'Wills Classic' and 'John Player'.