Court grants Jaguar interim injunction against Ashirvad Pipes in IP dispute. Victory for brand protection and legal precedent. By awarding an interim injunction in favour of Jaguar, Justice C. Hari Shankar has made a significant legal contribution by highlighting the vital significance of defending intellectual property rights. The ruling is made in the midst of a contentious legal battle concerning claimed passing off and infringement between Jaguar, the plaintiff, and Ashirvad Pipes, the defendant.
Addressing the court, Justice Shankar underscored the gravity of the situation, noting that failure to grant interim relief would result in continued infringement, jeopardising Jaguar’s intellectual property rights. He emphasised the irreplaceable nature of such rights, stating that monetary compensation alone could not adequately address the damage caused.
At the heart of the dispute lies the contention that Ashirvad Pipes has been using marks—’Artistry’, ‘Artistry by Ashirvad’, and ‘Tiara’—bearing striking resemblance to Jaguar’s own marks, ‘Artize’ and ‘Tiaara’, in the luxury sanitaryware market. Advocate Kapil Wadhwa, representing Jaguar, argued convincingly that the similarities extended beyond mere phonetics, encompassing visual and structural aspects as well.
Wadhwa highlighted the potential for consumer confusion due to similar packaging and market presence, stressing that such actions could erode Jaguar’s brand value. Conversely, Senior Advocate Chander M Lall, representing Ashirvad Pipes, countered by asserting that the contested marks were common English words and thus not subject to monopolisation.
The Court’s ruling, however, sided with Jaguar, citing deceptive similarity between the competing marks and dismissing Ashirvad Pipes’ defense regarding the validity of its marks’ registration. Notably, the Court also rejected arguments regarding the defendant’s usage of the term ‘Art’ and the mark ‘Tiara’, affirming Jaguar’s entitlement to relief.
Consequently, the Court issued a comprehensive injunction, restraining Ashirvad Pipes from using the disputed marks and directing the removal of such marks from all physical and virtual platforms under its control. The decision, hailed as a victory for intellectual property protection, underscores the judiciary’s commitment to safeguarding the rights of innovators and creators.
Jaguar was represented by a team of dedicated advocates, including Kapil Wadhwa, Surya Rajappan, Tejasvini Puri, and Vasanthi Hariharan. Meanwhile, Ashirvad Pipes’ defence was led by Senior Advocate Lall, supported by advocates Prashant Gupta, Karan Singh, Udit Tewari, Yashi Agarwal, and Abhinav Bhalla.
This indeed is a landmark legal victory for Jaguar, Vakilsearch stands ready to assist businesses in navigating complex intellectual property disputes. Our team of experienced attorneys specialises in protecting your brand and innovations, ensuring your rights are upheld in the face of infringement. Contact us today to safeguard your intellectual property assets.
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