The Delhi High Court refused to grant interim injunction in favor of IT giant Wipro’s customer care products arm for the use of the trademark VOLT by food processing company Heinz for glucose based chewy tablets.
Plaintiff (Wipro Enterprises Limited) alleged that defendants (Heinz) infringed their trademark BOLTS by selling glucose based chewy tablets under the trademark VOLT. It is to be noted here that plaintiff was using their trademark BOLTS along with their house mark GLUCOVITA as GLUCOVITA BOLTS, where defendant was using the trademark VOLT with their house mark GLUCON-D as GLUCON-D VOLT.
The Court said, “…since the word BOLTS is a common and generic word, the plaintiff cannot have any exclusive right over the said word when the plaintiff as well as defendants have chosen to use their respective words/marks with the distinctive prefix.”
“When a sub brand of the plaintiff is distinctive in nature and that was used along with the house name of the plaintiff, unless the plaintiff establishes that the word BOLTS has acquired secondary meaning by continuous, long and uninterrupted usage, they are not entitled for interim injunction at this stage”, the Court added.
The Court also said that the label of the defendant could be distinguished from the label of the plaintiff. When that being so, if there is any alleged violation by the defendant in their label that has to be established only during the course of trial.
The Court further ruled that defendant is not infringing plaintiff’s tagline INSTANT ENERGY. ANYTIME. ANYWHERE when they used tagline ENERGY OF GLUCON-D … ANYWHERE, ANYTIME. The term ANYTIME ANYWHERE is not used by the plaintiff in the trademark sense to denote original / source of the product, rather it is used in a descriptive sense. Further, no material was produced before this Court to show that the plaintiff has advertised their products in the tag line ANYTIME ANYWHERE.