IPAB asks UK-based bed maker and Indian firm to explore settlement

Hypnos claims to be the supplier of beds and upholstery for Royal Family and Royal Household in Britain

The Intellctual Property Appellate Board (IPAB) has asked UK-based luxury bedding and upholstery firm Hypnos Ltd, which supply beds to the Royal family in Britain, and Hosur Coir Foam Pvt Ltd to explore possibilities of amicable settlement in a dispute on trade mark Hypnos for their beds and mattress products.

The UK-based company claims that it is the owner of Hypnos for its beds and related products worldwide and has been in existence from 1927, while Hosur Coir Foam has registered the mark Hypnos for the classification 20, for furniture and goods not included in other classes of various materials, in the year 2008. Hypnos' trade mark application, filed later under the same classification, is pending, according to the information available.

Hearing the arguments of the counsel appeared for Hypnos and the remarks of the counsel for Hospur Coir Foam, IPAB Chairman Justice K N Basha and Technical Member (Trade Marks) Sanjeev Kumar Chaswal, said, "We are of the considered view that both the parties are for doing their respective business on their own way without disturbing each other. There is absolutely no wrong for Hypnos and Hosur Coir Foam and Peps Industries to explore the possibilities of an amicable settlement in this matter."

The IPAB adjourned the matter giving over three months for the parties to have interaction with the efforts of the counsels of the respective parties.

Hypnos, a family-run business currently managed by the fifth generation in the family, in UK, claims its incorporation in 1926 and has been supplying to the Royal family in Britain. The Keen family have held Royal Warrants, issued by a royal personage to the supplier of goods or services to them, since 1929,and Hypnos has received Royal Warrant for Queen Elizabeth II and covers the category of Bedding and upholstery manufacturers, says the company.

It is the only luxury bed maker to actively supply the Royal family, Royal Household and the Royal residences including Buckingham Palace, Windsor Castle, St James Palace, Balmoral Castle, Sandringham House, The Palace of Holyroodhouse and Kensington Palace, claims the company website.

The counsel for Hypnos said that the company's brands are in the luxury category, and a particular bed costed almost $67,000 almost a decade back.

Later, it has started supplying to the luxury hotels such as the Holiday Inn and Marriot and currently has operations in various countries including UK, USA, Canada, Germany and Australia. It has entered into India in 2008, supplying to Hotel Premier Inn, which is also from UK, in Bengaluru and has announced that it would be looking at India as a market, argued the counsel for Hypnos.

It was during 2008 Hosur Coir Foam received registration for the same trade mark in India. The company filed a suit for infringement against Hypnos, following which Hypnos Ltd filed the rectification application.

Hosur Coir Foam is the holder of the trade mark, while Peps Industries, a sister concern, holds the licence for sales of the products, said the counsels appeared for the Indian companies. They contented that the company has conducted due deligence while applying for the said trade mark and the Registrar has issued registration for the mark. The company also submitted its objection against the turnover claims of Hypnos, filed to the IPAB.