Saturday, September 10, 2011

Silk Sari Store Wins Trademark Infringement Case

Proprietors of the Sri Kumaram Stores in T Nagar, Chennai, have won a case on trademark infringement against competitors in Kancheepuram who sell under the name of 'Kanchi Kumaran Silks'.
A petition filed by J E Jenardhanan, partner, Sri Kumaran Stores, said that the trademark 'Kumaran' was conceived in 1955 when their partnership firm was established by Chengalavaraya Chettiar. He wove Kanchipuram saris and cycled to Chennai to sell them.
Pointing out that the partners of the firm were the owners of copyright in the original artistic work produced by the firm, the petition said the enterprise planned to open an outlet for the sale of readymade garments and silk saris in Kancheepuram.
When the new store 'Kanchi Sri Kumaran Weavers' opened, they were told that another shop named 'Kanchi Kumaran Silks' had been operating since 2005. Jenardhananan said the word 'Kumaran' – an essential feature of their registered trademark and trading style –had been "deliberately and intentionally introduced prominently so as to gain undue mileage out of their well-established reputation and goodwill."
Though a notice was sent to 'Kanchi Kumaran Silks' in May 2010, it continued to use the name and infringe trademark. Denying the allegations, the rival firm said the suit had arisen out of "trade rivalry and jealousy."
Passing orders, Justice S Rajeswaran said the term 'trademark' was defined as a mark capable of distinguishing the goods or services of one person from those of others.
Ruling in favour of the older firm, the judge ordered a stay on any representative of 'Kanchi Kumaran Silks' from – in any manner – manufacturing, selling, stocking or advertising goods marked 'Kumaran' or carrying the relative artistic work which resembled that of Sri Kumaran Stores.
plc@plclaws.com
 Prathama Law Chambers LLP. (PLC)