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The Bombay High Court has temporarily prohibited US-based information technology giant Cognizant Technology Solutions, to use its new trademark logo in India as it is alleged to be identical to that of Bengaluru-based Atyati Technologies Pvt Ltd.
In an ex-parte order, Justice Bharati Dangre observed a prima facie case in favour of Atyati Technologies, stating that the balance of convenience also favours the plaintiff. The court’s decision, dated March 19 and uploaded on April 10, mandates Cognizant to refrain from utilising the trademark logo in India until further orders.
Highlighting Atyati Technologies’ argument, the court noted that last October, the company discovered Cognizant’s provision of nearly identical services related to IT infrastructure, software development for banking and financial services, and consulting services under a mark/logo bearing striking resemblance to its own. Advocates Hiren Kamod and Nishad Nadkarni of Khaitan & Co represented Atyati Technologies in the case.
Atyati Technologies claimed that its logo, featuring an orange-colored hexagonal honeycomb/hive device symbolising collaboration, compassion and impact, had been in use since early 2019. The company stressed the significance of its logo’s design elements, asserting that they embody the organisation’s motto and values in its business activities.
Absence of justification
The court also noted the absence of justification from Cognizant regarding the adoption of a logo closely resembling that of Atyati Technologies. It found that Cognizant’s use of the similar mark/logo could potentially lead to confusion among the public and within the trade community regarding any affiliation between the two entities.
In its ruling, the Bombay High Court acknowledged that Atyati Technologies had established a strong case, asserting that Cognizant’s use of the impugned mark/logo, prominently featuring the mark/logo as its leading and essential feature, is almost identical and/or deceptively similar to Atyati’s registered marks.
Cognizant responds
“The matter is currently sub-judice. Cognizant will review the order and pursue legal remedies, as needed. Cognizant respects third party Intellectual Properties, while remaining committed to protecting its own business interest and IPs.”
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