SUKAM SYSTEMS PRIVATE LIMITED v.LITHIUM POWER ENERGY PRIVATE LIMITED

Recently, Sukam Systems Private Limited was granted an ad interim injunction against Lithium Power Energy Private Limited, restraining it from using the SNOW-KAM, BIG CONQUEROR TUBULAR BATTERY and BIG WARRIOR TUBULAR BATTERY marks.

The plaintiff claimed to be a renowned manufacturer of inverters and batteries. The plaintiff asserted that it is the owner of the SU-KAM, BIG CONQUEROR and BIG WARRIOR marks and has used these marks on inverters since at least as early as 1998. The plaintiff was also asserted that the SU-KAM mark forms a dominant part of its corporate name.

The Delhi High Court, on the basis of the plaintiff’s averments and on a comparison of the rival marks held that the defendant’s marks were substantially similar to the plaintiff’s registered marks. The court held that such substantial similarity gives rise to a clear possibility of confusion in the mind of an average consumer. The court thus held that a clear prima facie case of trademark infringement and passing off was made out.