Shyam Sel and Power Limited v. Atibir Industries Company Limited

"Trademark integrity safeguarded in the steel industry"

Overview :

This case addresses infringement and passing off involving a registered trademark in the steel and manufacturing sector. Shyam Sel and Power Ltd. accused Atibir Industries of unauthorized and deceptive use of their registered trademark, arguing that such use harmed their market standing and misled consumers in a highly competitive industry.

Facts & Findings :

⦁ Shyam Sel is a well-established company dealing in TMT bars and steel products, using the registered mark “Shyam TMT”.

⦁ Atibir Industries, also in the same business, started using a confusingly similar mark in marketing and packaging.

⦁ Shyam Sel presented evidence showing instances of market confusion, dealer complaints, and visual similarity in branding.

⦁ The defendant argued lack of bad faith and claimed concurrent usage but could not substantiate these claims effectively.

Suggestion :

Industries involving commodities or mass-distributed goods must maintain distinct brand identities to avoid confusion. Companies must seek legal clearance and avoid riding on the reputation of competitors through similar names, color schemes, or packaging.

Judgment :

⦁ Date : January 24, 2023

⦁ The Calcutta High Court granted a permanent injunction restraining Atibir Industries from using the infringing mark.

⦁ It reaffirmed that even partial similarity—especially in the same line of goods—amounts to infringement and passing off.

⦁ Costs were awarded, and the court emphasized the importance of distinctiveness in industrial trademarks.