1993 (11) TMI 244 - HC - Indian Laws

Delhi High Court Protects 'Benz' Trademark in Undergarment Dispute

Daimler Benz Aktiegesellschaft And another Versus Hybo Hindustan

The Delhi High Court, in a trademark dispute, restrained the defendant from using the mark 'Benz' and the symbol 'Three Pointed Human Being in a Ring' in ... - Issues:1. Whether the defendant should be restrained from using the word 'Benz' in connection with undergarments.Analysis:The judgment by the Delhi High Court, delivered by Justice Mahinder Narain, pertains to a trademark dispute involving the use of the mark 'Benz' and the symbol 'Three Pointed Human Being in a Ring' by the defendant in relation to undergarments. The court considered the reputation and distinctiveness of the mark 'Benz,' particularly associated with the renowned 'Mercedes Benz' cars. Justice Narain highlighted the unique reputation of the mark 'Benz' globally and its association with high-quality, well-engineered products, emphasizing that such a prestigious mark should not be diluted by use in connection with ordinary goods like undergarments. The court noted the defendant's argument regarding a city named 'Mercedes' in South America but dismissed it, emphasizing the widespread recognition and reputation of 'Mercedes Benz' cars. The judgment underscored that the Trade Mark law aims to prevent individuals from benefiting from someone else's reputation and that deliberate use of a well-known mark like 'Benz' should not be tolerated. The court granted an injunction, restraining the defendant from using the word 'Benz' and the associated symbol in connection with any undergarments manufactured by them, emphasizing the need to protect the integrity of the renowned mark. The judgment concluded by directing the defendant to cease and desist from trading under the name 'Benz' and 'Three Pointed Human Being in a Ring' immediately.