The Delhi High Court, on 5 November, granted an ad-interim injunction in a suit filed by Goldmedal Electricals Pvt. Ltd. against Bashir Ahmed Bhat, trading as R & B Electricals, for passing off and copyright infringement, restraining him from dealing in electrical goods under the mark “GREAT MEDAL”.
Justice Tejas Karia held that the use of a deceptively similar mark on identical goods sold through the same trade channels can amount to passing off where it is likely to cause consumer confusion and erode the goodwill of an established brand. The Bench observed:
“A prima facie case has been made out by the Plaintiff as the alleged acts attributed to the Defendant are likely to cause confusion in the course of trade of the Plaintiff, such that the consumers may associate the Impugned Mark with the Plaintiff, leading to erosion of consumer trust and dilution of the goodwill and reputation of the Plaintiff amongst the members of the trade and public.”
Goldmedal submitted that it had been using the “GOLDMEDAL” mark through its predecessor since 1979 for electrical goods, with its earliest registration dating back to 1986.
It alleged that the defendant, based in Srinagar, was selling LED lamps, luminaires, heating apparatus, ceiling fans, wires and cables under the mark “GREAT MEDAL” through IndiaMART, Facebook and YouTube. The defendant had also procured orders from dealers in Delhi.
The Court noted that Goldmedal had established long and continuous use of its marks since 1979 and demonstrated goodwill and reputation.
It observed that the impugned mark was, prima facie, structurally and phonetically similar to the plaintiff's marks. The goods were also identical and sold through the same trade channels to the same class of consumers. The defendant's adoption of the mark was prima facie dishonest and appeared to be an attempt to ride on the plaintiff's goodwill, the Court said.
With respect to wires and cables falling under Class 9, the Bench noted that the defendant did not hold any registration for the impugned mark, as his application had been deemed abandoned in opposition proceedings initiated by Goldmedal. Therefore, his use of the mark on such goods prima facie amounted to passing off.
Further, it noted that despite advance service, no one appeared on behalf of the defendant. It observed that since the goods in question were electrical products, their sale under the impugned mark also had implications for the purchasing public.
Accordingly, the High Court restrained the defendant and those acting on his behalf, until the next date of hearing, from manufacturing, selling, advertising or otherwise dealing in electrical goods under the mark “GREAT MEDAL” or any other mark deceptively similar to the plaintiff's marks, in a manner amounting to passing off or copyright infringement.
The matter is listed for hearing on 3 March 2027.
For Goldmedal Electricals: Advocates Shravan Kumar Bansal and Saransh Saini