The Madras HC upheld its order in the Ashok Leyland Trademark infringement suit against the Blue Hill Logistics Pvt Ltd. The High Court agreed to the order for granting a temporary injunction in this case. It is evident that Blue Hill Logistics Pvt Ltd filed an appeal against the December 21st Judgment order in this regard but has faced disappointment after the court dismissed their appeal. Ashok Leyland affirmed that they launched Luxura Bus in the year 2006 and the registered trademark “Luxura” owned by them has been infringed by Blue Hill Logistics which eventually also launched Volvo bus services (designed by Dilip Chaabria Design Private Ltd) between Bangalore and Chennai under the disputed trademark “Luxuria”.
On the contrary Blue Hill supported its actions by the fact that Ashok Leyland cannot monopolize the word “Luxury” and its variants. Moreover, Blue Hill Logistics also mentioned in their supporting statements that the Ashok Leyland’s trademark primarily signifies “Goods” while their brand name pertains to “Services”.While understanding the plaintiff’s supportive statements and defendant’s appeal, the division bench finally reached on the decision that Plaintiff’s ( Ashok Leyland) held the proprietorship of the registered Trademark and any infringing use of the trademarked name can cause Loss to the Plaintiff’s brand and business. Hence, the court finally arrived with the decision of granting temporary injunction in this case.
(Image by Dimitri Castrique)
