Scribd
Upload
670 views2 pages

Honda Motor Co Limited v. Charanjit Singh & Others

Honda Motor Co Limited sued Charanjit Singh for trademark infringement. Honda owns the trademark "HONDA" which it has used since 1957 for automobiles. The Supreme Court prevented the defendant from using "HONDA" for pressure cookers as it would likely confuse or deceive customers and misappropriate Honda's goodwill. In a separate case, Daimler Benz AG sued Hybo Hindustan for infringing its registered trademarks for the three-pointed Mercedes star relating to machinery and vehicles. The Court observed the word and mark "Benz" had become associated with Daimler's reputation and prevented the defendant from using the mark or star as allowing indiscriminate imitation would pervert

Uploaded by

Rohan Mithra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
670 views2 pages

Honda Motor Co Limited v. Charanjit Singh & Others

Honda Motor Co Limited sued Charanjit Singh for trademark infringement. Honda owns the trademark "HONDA" which it has used since 1957 for automobiles. The Supreme Court prevented the defendant from using "HONDA" for pressure cookers as it would likely confuse or deceive customers and misappropriate Honda's goodwill. In a separate case, Daimler Benz AG sued Hybo Hindustan for infringing its registered trademarks for the three-pointed Mercedes star relating to machinery and vehicles. The Court observed the word and mark "Benz" had become associated with Daimler's reputation and prevented the defendant from using the mark or star as allowing indiscriminate imitation would pervert

Uploaded by

Rohan Mithra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Honda Motor Co Limited v.

Charanjit Singh & Others

The Plaintiff, Honda Motor Co Limited has been engaged in the business of manufacturing
and selling automobiles and has over 100 production facilities in 39 countries of the world
including India. Plaintiff applied for registration under all the classes contained in the fourth
schedule of the Trade and Merchandise Marks Act, 1958 and claimed use of the mark
‘HONDA’ for its products from the year 1957 after the application of registration was
approved. The mark became exclusively identifiable with the plaintiff’s product.

The Plaintiff’s company is a well-known company having presence all over the world in the
field of automobiles and electronic appliances which has established a formidable reputation
through the mark.

The Defendant, M/s. Steel India was engaged in the production of pressure cookers using the
trade mark name ‘HONDA’. The plaintiff contended that the use of trademark ‘Honda’ by
the defendant may likely confuse or deceive people in relation to the goods, services or
business of the plaintiff which may ultimately result in misappropriation of the goodwill.

The Hon’ble Supreme Court accordingly, restrained the defendant from using the impugned
trademark ‘HONDA’ in respect of pressure cookers or any goods or any other trade
mark/marks, which are identical with and deceptively similar to the trade mark HONDA of
the plaintiff. The Court also observed that "the case of the plaintiff is in fact based on passing
off action and not for infringement of the trade mark. It has never been the case of the
plaintiff that the two sets of goods are identical. The concept of passing off, which is a form
of tort has undergone changes with the course of time. The plaintiff now does not have to be
in direct competition with the defendant to suffer injury from the use of its trade name by the
defendants.”
Daimler Benz Aktiegesellschaft & Anr. v. Hybo Hindustan

Plaintiff, a famous car company incorporated in Germany filed a suit for permanent
injunction against the defendant, for infringement of the Mercedes-Benz three-pointed star
trade mark. The plaintiff, Daimler Benz, a manufacturer of the finest engineered cars across
the world owned registered trademarks under classes 7 and 12 for the three-pointed
Mercedes-Benz star mark relating to machinery and vehicles.

The Court observed that with an established business and sale of quality products, the word
and the mark “Benz” had become associated with the plaintiffs’ reputation and its goods. It is
very easy for the public to associate the plaintiffs with any product that carries the name of
Benz with three-pointed star trade mark. The Hon’ble Court restricted the defendant from
using the mark ‘Benz’ and the ‘three pointed star trade mark’. The Court further observed “I
think it will be a great perversion of the law relating to Trade Marks and Designs, if a mark of
the order of the “Mercedes Benz”, its symbol, a three pointed star, is humbled by
indiscriminate colourable imitation by all or anyone; whether they are persons, who make
undergarments like the defendant, or anyone else. Such a mark is not up for grabs – not
available to any person to apply upon anything or goods. That name which is well known in
India and worldwide, with respect to cars, as is its symbol a three-pointed star.”

You might also like