
The Supreme Court has refused to lift an interim Delhi High Court order preventing Kent RO Systems from making or selling fans under the KENT trademark. A Bench of Justices JB Pardiwala…
The Supreme Court has refused to lift an interim Delhi High Court order preventing Kent RO Systems from making or selling fans under the KENT trademark. A Bench of Justices JB Pardiwala and Vinod Chandran found no error in the order favouring Kent Cables, while directing the High Court to hear both companies’ cross-suits promptly.
Kent Cables says it adopted KENT for wires and cables in 1984 and has sold fans under the mark since about 2009. Kent RO says it adopted the mark in 1988 and built goodwill through water purifiers and other appliances. The High Court found Kent Cables had shown earlier fan use and noted Kent RO’s delay in filing its suit until 2022.
The case cuts through two easy claims: that a famous brand automatically covers every product, or that any earlier use settles the dispute forever. The courts have so far focused on evidence of fan sales, the products’ commercial connection and Kent RO’s delay after opposing the application in 2007. The final ruling should turn on the companies’ registrations, actual market use and consumer confusion, not brand size. How quickly will the High Court decide the cross-suits?
Source: barandbench.com
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