Brand Value GOOD YEAR can't be used as trademark by any...

GOOD YEAR can’t be used as trademark by any Indian company: HC

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New Delhi, Jun 10 (ILNS) The Delhi High Court recently restrained a person from using trademark ‘GOOD YEAR,’ pointing out that GOOD YEAR is a registered trademark of one of the world’s largest tyre companies.

The Plaintiff claimed that the oldest registration of the mark of ‘GOODYEAR’ in the US was in 1906. It was adopted in India in 1920.

A Single-judge bench of Justice Jayant Nath directed the defendant company to restrain from using the mark name GOODYEAR or any other mark, which is identical or deceptively similar to the plaintiff (GOODYEAR) in any manner whatsoever.

The Court issued notice to one Deva Nand Shukla, who is using the mark “GOOD YEAR’ which is identical or deceptively similar to the registered Trademark of one of the world’s largest tyre companies ‘THE GOODYEAR TYRE AND RUBBER Company.’

The Petitioner Tyre Company stated that the mark of ‘GOODYEAR’ was first registered in the USA in 1906 and later adopted in India in 1920. The earliest registration of the mark ‘GOODYEAR’ in India in Class 12 for tyres for vehicle wheels and inner tubes is of 1943. The company also started selling lubricants under the same mark. The mark ‘AUTOMOBILI GOOD YEAR’ was registered on January 05, 2019 in respect of industrial oil and grease, lubricants, lubricating oils etc.

However the defendants argued that he has been using the trademark ‘GOOD YEAR’ in respect of break oil, grease, gear oil, etc. since 1997. It was also argued that the mark was registered in 2002.

The bench observed that the Petitioner Goodyear Tyre trademark is prima-facie a well-known mark and the company presently employs 64,000 people in 47 facilities in 21 countries around the world having a turnover to the extent of 50 Billion US Dollars evidencing the extensive reputation and goodwill accruing to the trademark.

The court referred to the judgement of the Co-ordinate bench in the case of in the case of United Distillers PLC v. Jagdish Joshi & Ors., (2000) 88 DLT 142.

“ The Counsel relied upon several judgments to contend that in respect of well-known trademarks a restraint order can be issued even in respect to different goods. It is only necessary to consider the illustrative case of Daimler Benz Aktiegesellschaft and Another v. Hybo Hindustan, AIR 1994 Delhi 239, where an automobile manufacturer was granted a restraint order in respect of undergarments in respect of a known trade mark. Thus it is well settled law that the known trademarks do enjoy protection in respect of its unauthorised use on goods other than those goods for which the trade mark is registered…”

The application was filed by GOOD YEAR under order 39 rule 1 and 2 CPC seeking injunction till the final disposal of the matter. The court posted the matter to September 9, 2021, for further arguments. /ILNS/KR/SNG

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