Peps wins intellectual property case against UK brand

Spring mattress company Peps Industries today said it has won an intellectual property rights case against a UK brand for using Hypnos brand name in the Indian market.
Peps sells pillows under the brand Hypnos.
"In 2011, Peps learned from a newspaper advertisement that a UK company called Hypnos was planning to launch mattresses under the brand Hypnos. Notices were sent by Peps to the UK company and the Indian distributor was asked to cease and desist from using its registered trademark.
"As no positive response was forthcoming, Peps filed a trademark infringement case at a Bangalore Court, asking for injunction against the use of its registered mark," Peps Industries said.

The company said that in response, Hypnos UK filed a rectification petition before the Intellectual Property Appellate Board (IPAB) for cancellation of the trademark registration held by Peps.
"It (Hypnos UK) claimed that it was the first adopter of the trademark in the world, and that its mark was world famous as it supplies mattresses to British royal family, leading hotels, among others. It also argued that it has trademark registrations in several countries," Peps Industries said.
However, according to Peps Industries, after reviewing the facts of the case, IPAB held that the UK Company's mark was not well known, and that the company had not acquired any reputation among Indian consumers. It also pointed out that Peps has been using the mark continuously and consistently, making it prior user in Indian market.