Delhi High restrained an Indian company from using the trademark ENTERPRISE/ENTERPRIZE in relation to the business of offering vehicles rental and learning services and any related services under the said name or in any manner whatsoever.
Plaintiff Enterprise, a US corporation, alleged that it is the largest car service provider in the world and defendant’s illegal and unauthorized use of the mark ENTERPRISE/ENTERPRIZE is calculated to deceive the public into believing that defendant’s services and concern are those of theirs or are in some way connected or associated with the them.
The Court said, “….two marks ENTERPRISE and ENTERPRIZE visually, phonetically and structurally are deceptively similar. The use of the trade mark ENTERPRISE/ENTERPRIZE by the defendant amounts to infringement of trade mark of the plaintiff. In case the defendant is allowed to use the deceptively similar trade mark, there would be confusion and deception.”
The Court also said that in case the defendant is allowed to use the similar name, it would amount to passing off his business and services as that of the plaintiff.