BRIDGESTONE CORPORATION vs DIVI AUTOMOTIVE AND PETROCHEM INDIA & ANR.

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 485/2023 & I.A. 13215/2023, I.A. 13216/2023 BRIDGESTONE CORPORATION .....Plaintiff Through: Mr. Pravin Anand, Mr. Dhruv Anand, Ms. Sampurnaa Sanyal, Ms. Nimrat Singh, Advocates (M: 9870201041) versus DIVI AUTOMOTIVE AND PETROCHEM INDIA & ANR. .....Defendants Through: Mr. Abhishek Dev, Advocate (M: 8802121996) CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 12.03.2025 MINI PUSHKARNA, J (ORAL) 1. The present suit has been filed for permanent injunction restraining the defendants from infringing upon the plaintiff’s registered marks, i.e., , and . 2. It is the case of the plaintiff that the defendants are engaged in the business of manufacturing and supplying of lubricant oil products, like engine oil, gear oil, etc. 3. Plaintiff contends that the defendants were found to be using the impugned marks on their products, i.e., lubricant oils, such as engine oil, gear oil, etc., with the following marks: Signature Not Verified Digitally Signed By:AMAN UNIYAL CS(COMM) 485/2023 Page 1 of 9 Signing Date:26.03.2025 22:04:44 and . 4. The plaintiff alleges that the defendants have blatantly copied the letter ‘B’, as registered in favour of the plaintiff. Table of comparison between the marks of the plaintiff and defendants, is reproduced as under: Signature Not Verified Digitally Signed By:AMAN UNIYAL CS(COMM) 485/2023 Page 2 of 9 Signing Date:26.03.2025 22:04:44 5. Thus, it is the case of the plaintiff that in view of the manner of use by the defendants, any customer of average intelligence and imperfect recollection, who chances upon the defendants’ mark, with written in the same stylized fashion, is bound to get confused or at the least to believe the existence of an association between the defendants and the plaintiff.