1993 (11) TMI 244

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....a Car ever since I remember. This car had a device upon it; a three pointed star in a circle/ring. Both, the name and the device, have always, in my memory, been inextricably linked. I am unable to ignore this connection. 4. It was, however, registered in India in 1951. It is one of the most famous marks of the world. 5. I think it will be a great perversion of the law relating to Trade Marks and Designs, if a mark of the order of the "Mercedes Benz", its symbol, a three pointed star, is humbled by indiscriminate colourable imitation by all or anyone; whether they are persons, who make undergarments like the defendant, or any one else. Such a mark is not up for grabs -- not available to any person to apply upon anything or goods....

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....o disentitle a person from getting injunction. "Doctor" is a word of ordinary parlance. Very large number of doctors exist in this country, and commonly, almost every one knows what a doctor means, what he does. This case cannot have a parallel with respect to word like "Benz" for the reason explained above. 10. The next case relied upon by Counsel is 1980 Rajdhani LR 263. This case relates to the word "Matador". The word "Matador" is English version, (of perhaps) a Spanish word. Matadors are persons who fight bulls. Bull fighting is a sport in Spain. The word "Matador" has no Indian implication. It was used upon certain type of combs. Those were imported in India. Most people did not use t....

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....ant of the above said symbol. 12. Another case cited is [1964]2SCR211 (London Rubber Co. Ltd. v. Durex Products Incorporated, relating to condoms. The condoms were being sold under the name "Durex". It was a brand name on which the condoms were being sold in other parts of the world. In India, condoms were also being sold under the name "Durex". The Court in the facts of the case, accepted that it was honest concurrent user. I do not think cases of concurrent user can be applied with reference to mark and names like "Benz". 13. Yet another case cited by counsel for the defendant, is reported as (1977) 1 Del 389 (Wipperman JR Gmbh v. Wiper drive Engineering), of a single Judge of this Court. In this case, the ....

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....name "Benz" should be not objected to. 16. We must keep in mind that the plaintiff company exists in Germany. An insignificant use by too small a product may not justify spending, large amounts needed in litigation. It may not be worth while. 17. However, if despite legal notice, any one big or small, continues to carry the illegitimate use of a significant world wide renowned name/ mark as is being done in this case despite notice dated 09-12-1989, there cannot be any reason for not stopping the use of a world reputed name. None should be continued to be allowed to use a world famed name to goods which have no connection with the type of goods which have generated the world wide reputation. 18. In the instant case, "Benz&....