The Hindu Business Line : HC restrains 2 cos from using ‘Omega’ trade mark

Ordering decree in favour of a Switzerland firm, Omega S.A., the Madras High court restrained by an order of permanent injunction, the Hyderabad-based Avanti Kopp Electricals and the Chennai-based Sona Electric Corporation from manufacturing and sale of all ranges of switches and other allied/cognate goods so as to pass off their goods as those of the Swiss firm by using the expression ‘Omega’ which was the registered trade mark of the Swiss firm.

In an order, on a suit filed by the Swiss firm, Mr Justice A.C. Arumugaperumal Adityan, held that the contention of the defendant firms that the plaintiff-company (Omega S.A.) had not manufactured any switches, and, hence, the use of the trade mark ‘Omega’ would not amount to infringement of the registered trade mark, could not hold any water.

The defendants could not use the word ‘Omega’ even on the wrapper M.O. 2 (series) of switches, the Judge ruled.

Further, use of the said trade mark with the expression ‘Avanthi Kopp’ in relation to electrical goods amounted to infringement of the plaintiff’s trade mark, and such use would cause confusion and deception in the market in respect of the identity and source of the various goods.

It would be a calculated attempt to exploit the commercial goodwill attached to the plaintiff’s trade mark, the Judge further ruled.

According to the plaintiff, they were using the trade mark for their goods for well over half a century, and it was registered in India as trade mark No 149294 from June 6, 1951.

The plaintiff came across an advertisement by the defendants offering for sale electrical goods bearing trade mark ‘Omega’, thus infringing the trade mark.

The defendants contended, inter alia, that the word ‘Omega’ was not something exclusively used by the plaintiff, and the said word, which was the name given to the last letter of the Greek alphabet, was not anyone’s invention.

Holding that use of the word ‘Omega’ in relation to electrical goods amounted to infringement of the plaintiff’s trade mark, the Judge ruled that the plaintiff was entitled for a direction against the defendants to surrender the dies, books etc. under the Trade & Merchandise Marks Act.

An order of mandatory injunction was granted directing the defendants to handover all the unused plastic wrappers (used to cover switches manufactured by defendants) bearing the registered trade mark, to the plaintiff.

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