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Home | News | Mars Inc. wins trademark case against Indian Mars Food
Mars Inc. wins trademark case against Indian Mars Food
Wednesday, 27 November 2002The High Court in New Dehli, India has issued an order restraining an Indian company from using the trademark 'Mars' in their food products. American confectionery giant Mars Inc. took on Delhi-based Mars Food and Justice J D Kapoor supported them by permanently restraining Mars (India) from conducting business in food sector using that trade mark.
The US firm's legal counsel Pravin Anand had alleged that the adoption of a corporate name using the word Mars by the Indian entrepreneurs was an attempt to confuse and dishonestly enjoy the goodwill and reputation of the trademark Mars in the food sector.
The Court agreed; "the defendants have incorporated the company by using the word 'Mars' with the sole object of either entering into the business of foodstuffs or to hoard the corporate name of the plaintiff (Mars US) so as to encash the same in future." The court therefore allowed a Quia Timet Suit (action against apprehended or threatened invasion) filed by the US multi-national. Mars Inc.'s worry of a possible threat from Indian businessmen who may start manufacturing in the food sector was real, the court said.
Source: India Times
The US firm's legal counsel Pravin Anand had alleged that the adoption of a corporate name using the word Mars by the Indian entrepreneurs was an attempt to confuse and dishonestly enjoy the goodwill and reputation of the trademark Mars in the food sector.
The Court agreed; "the defendants have incorporated the company by using the word 'Mars' with the sole object of either entering into the business of foodstuffs or to hoard the corporate name of the plaintiff (Mars US) so as to encash the same in future." The court therefore allowed a Quia Timet Suit (action against apprehended or threatened invasion) filed by the US multi-national. Mars Inc.'s worry of a possible threat from Indian businessmen who may start manufacturing in the food sector was real, the court said.
Source: India Times