In a decisive move, the Delhi High Court has barred Southern Infosys Limited from using the ‘INFOSYS’ trademark after a lawsuit from the IT giant Infosys. Justice Sanjeev Narula, in an interim order on May 27, ruled that the defendant’s use of the ‘INFOSYS’ mark infringes on Infosys’ rights, risks consumer confusion, and dilutes the trademark’s value.
The Defendant is restrained from using the mark ‘INFOSYS’ as part of their corporate/trade name ‘Southern Infosys Limited’ or in any other manner amounting to infringement of the Plaintiff’s trademarks,’ stated Justice Narula. He granted the defendant a four-month period to transition to a new trade name, after which they must cease using ‘INFOSYS’ entirely.
The court dismissed Southern Infosys’ argument that ‘INFOSYS’ is a generic abbreviation of ‘information systems,’ ruling there is no prima facie basis to consider the term generic. The Bench further noted that ‘INFOSYS’ has acquired a secondary meaning, inextricably linking it to the plaintiff.
Infosys contended that Southern Infosys’ use of the trademark violated Section 29(5) of the Trade Marks Act,1999 which prohibits using a registered trademark in a corporate name in a way that implies a business connection or endorsement by the trademark owner, potentially misleading the public.
The court acknowledged the delay in Infosys initiating the lawsuit but affirmed that this did not nullify their rights under trademark law due to their continuous trademark use. Representing Infosys were advocates Peeyoosh Kalra, CA Brijesh, V Mohini, and Ishith Arora, while Advocate Piyush Kaushik appeared for Southern Infosys Limited.
The Delhi High Court’s ruling to bar Southern Infosys Limited from using the ‘INFOSYS’ trademark underscores the critical importance of protecting intellectual property rights and preventing consumer confusion. This landmark decision reinforces the necessity for companies to uphold trademark laws and respect established brand identities. At Vakilsearch, our team of intellectual property experts is dedicated for trademark registration and ensuring compliance with all relevant regulations. For robust legal support in navigating trademark disputes and protecting your brand’s integrity, contact Vakilsearch today.
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