Trade mark infringement and passing off over AMEX use led to injunction, damages, and costs.

Use of the mark and domain names containing "AMEX" was found to infringe the plaintiffs' registered trade marks and to amount to passing off, because the plaintiffs had prior registration, substantial use, reputation, and internet presence, while the defendants operated in the same financial services field and used the impugned mark in a confusing and deceptive manner. Unrebutted evidence, including actual confusion, supported the finding of liability under the Trade Marks Act, 1999. Injunctive relief was granted, and damages were awarded to deter deceptive adoption and protect the plaintiffs' statutory and goodwill-based rights.

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Issues: Whether the defendants' use of the mark and domain names containing "AMEX" infringed the plaintiffs' registered trade marks and amounted to passing off, and whether the plaintiffs were entitled to injunctive relief and damages.

Analysis: The plaintiffs established prior and registered rights in the mark "AMEX" and allied formative marks, together with substantial use, reputation, and internet presence. The defendants were shown to be operating in the same field of financial services and using the impugned mark in a manner likely to create confusion and deception, including actual confusion reflected in the record. In the absence of any written statement or rebuttal, the plaintiffs' evidence remained uncontroverted. The Court held that the defendants' conduct violated the plaintiffs' statutory rights under the Trade Marks Act, 1999 and also amounted to passing off. The Court further found that damages were warranted in view of the deceptive adoption and the need for deterrence.

Conclusion: The suit was decreed in favour of the plaintiffs, with injunctive relief granted and damages of Rs. 5 lakhs awarded along with costs.

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