In a suit filed by Eveready Industries India Limited against Mahalaxmi Industries, the Delhi High Court after considering the rights of Eveready on its trade marks “JOSH” has restrained Mahalaxmi Industries from using the trade mark “JOSH” for torches and flashlights, holding that such use amounts to infringement of Eveready’s trade mark “JOSH”.
Court held that Eveready has been consistently using the trade mark “EVEREADY JOSH”/”JOSH” since 2009 and has substantial market presence with impressive sales figures for over the past 15 years.
Court considered the blatant imitation and observed that Mahalaxmi Industries had not only adopted an identical trade mark “JOSH” for identical products but had also employed strikingly similar colour schemes that closely mirrored Eveready’s distinctive branding. Accordingly, the Court held that such adoption creates a high likelihood of consumer confusion and posed a substantial threat to Eveready’s commercial interests and hard-earned reputation.
Eveready Industries India Limited was represented by Ankur Sangal, Partner, Khaitan & Co along with his team comprising Ankit Arvind (Principal Associate), Raghu Vinayak Sinha (Senior Associate), and Nidhi Pathak (Associate).
