HTC Corporation, one of the leading manufacturers of consumer electronic items, recently filed a suit in the Delhi High Court against multiple Chinese firms for infringement of the HTC mark. The plaintiff relied upon its registrations, revenue figures, etc. and averred that the defendants are selling hair clippers, dryers, etc. bearing the HTC mark. The plaintiff also claimed that despite a cease and desist letter, defendants continue to sell their products and that the listings of defendants on Amazon India have links which redirect to the plaintiff’s website.
The defendants argued that the products are dissimilar, and that the defendant had a valid registration for its mark in Class 8. It was further argued that the plaintiff had not filed any proceedings against the defendant’s mark for the last six years except a rectification filed just prior the suit.
The court observed that the plaintiff has through its extensive and continuous use of the HTC mark developed a reputation which the defendants are trying to unlawfully gain from. It was also held that the defendants have no valid explanation for adopting the HTC mark and hyperlinking website of the plaintiff on its listings clearly reflects dishonesty on part of the defendants. The court also rejected the contention of the defendant that the goods are different in light of the plaintiff’s reputation in India. Accordingly, the court passed an interim order restraining the defendants from using the HTC mark till the rectification proceeding is decided.
HTC Corporation vs. Mr. LV Degao & Ors. CS(COMM) 263/2020