Orange sues Hutch for trademark violation

Orange alleges that Hutch has intentionally encroached its intellectual rights.

UK-based Orange group of companies has approached the Delhi High Court, accusing Hutch of trademark and copyright violations.

According to sources close to the development, Orange has alleged that Hutch "deliberately and intentionally encroached upon its intellectual rights" and also "dishonestly infringed its legal rights".

Hutch executives confirmed that Orange had approached the Delhi High Court, but refused to comment on the issue. In December 1999, the two companies had entered into a licence agreement that authorised Hutchison Whampoa Enterprises to provide telecom services under the "Orange" brand in Mumbai, Navi Mumbai and Kaylan.

The agreement also allowed Hutch to use Orange's trademarks, unique marketing image and other related intellectual property in the licensed territory.

According to sources, the UK-based company said Hutch was using its "Orange mark" outside the licensed territory amounting to trademark infringement, and was also responsible for copyright infringement as it picked up images "from the Orange Image Library" and used them to sell the Hutch brand.

Among other allegations, Orange said Hutch had created images that were entirely based on Orange's brand guidelines, and had used the same to market the Hutch brand.

Orange added that the websites of the two companies were similar at several places, negating the possibility of coincidences.

Sources said even in the past Hutch had used promotional material based on Orange's brand guidelines outside the licensed territory.