The Delhi High Court today restrained Joy Creators from using 'Total Effects'on its products, as it found the words to be similar to multinational major Procter & Gamble's (P&G) authorised trade mark of 'Olay Total Effects'.
"The defendants are hereby restrained from manufacturing, selling or marketing age defying foundation or any other product in respect of which the plaintiff holds the registered trademark words Olay Total Effects," Justice V K Jain said.
The court also added that the words 'Total Effects' were the essential component of Procter & Gamble's trade mark and Joy Creators has lifted two of the three words for its trade mark.
The court further said that "Neither deletion of a part of a registered trademark nor the prefix or suffix of another word to it would validate the use of the registered mark by an unlicensed user, once it is shown that the part used by the infringer is an essential part of the registered trademark."
The order of the court came over a petition of P&G seeking directions to Joy Creators to not use its trade mark 'Olay Total Effects' or any other deceptively similar to it.
The court also held that "Every person has a legal right to sell his goods or render services using any trade name for the purpose. With the passage of time the goods sold or the services rendered by him, as the case may be, may acquire certain reputation or goodwill in the market, which becomes the property of that person and needs to be protected by the court".
P&G is a global conglomerate that provides consumer products in the areas of pharmaceuticals, cleaning supplies, personal care and pet supplies. Its products are sold in more than 80 countries.
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The MNC said Joy Creators' use of the words 'Total Effects', which is part of its trade mark, for identical products can't be mere coincidence and it shows fraudulent and dishonest intention on their part.
The company further alleged that it had incurred Rs 26.3 crore for the promotion of brand in India, availing the services of former Miss Universe Sushmita Sen for this purpose.
However, this was opposed by Joy Creators which said that it has superior right over the words total Effect as it was the prior user of it.