Wipro Enterprises Ltd. v. Mariyas Soaps & Chemicals

A recent Supreme Court trademark case concerning deceptive similarity between “CHANDRIKA” and “CHANDRA” and protection of a registered trademark.

Short Description About the Case

Wipro Enterprises was the proprietor of the well-established “CHANDRIKA” trademark for soaps. Mariyas Soaps used the mark “CHANDRA.” The Supreme Court considered the similarity between the marks and the overall presentation of the products and ultimately restrained the respondent from using “CHANDRA.”

Facts

Wipro had been using the trademark “CHANDRIKA” for Ayurvedic soap for several decades and had obtained trademark registration.

Mariyas Soaps & Chemicals marketed soap products under the mark “CHANDRA.”

Wipro alleged that the defendant's mark, along with its label and packaging, was deceptively similar to “CHANDRIKA.”

The District Court granted protection to Wipro.

The Kerala High Court subsequently considered the matter and declined to continue the injunction on the ground that the necessary elements of passing off had not been established.

Wipro then approached the Supreme Court.

Findings

The Supreme Court considered the established reputation of “CHANDRIKA” and the similarity between the competing marks.

The Court ultimately restrained Mariyas Soaps from using “CHANDRA.”

The case is particularly useful for understanding the protection available to an established registered trademark where a subsequent mark is sufficiently similar to create a likelihood of confusion.

Suggestion

This case is useful in matters involving registered trademarks, deceptive similarity, passing off, injunctions, packaging and established goodwill.

It can be cited where a subsequent mark is similar not only in its name but also in its label, colour combination, writing style and overall presentation.

Judgment

The Supreme Court allowed Wipro's appeal and restrained Mariyas Soaps & Chemicals from using the mark “CHANDRA.”