Corporate Name Similar To Trademark Co-Exist

Sometime it happens in trademark disputes that the impugned mark is an indicator of a trade source which is entirely different from the first i.e. the businesses and the goods are completely different bearing the same trade name/mark. What happens in that case? What course the law takes in resolution of such disputes? The instant case RAYMOND LIMITED versus RAYMOND PHARMACEUTICALS PRIVATE LIMITED 2007 (34) PTC 334 (Bom.) gives an insight in the dispute resolution of one such case.

The present suit for injunction is to restrain Raymond Pharmaceutical Private Limited from infringing the registered trademark of Raymond Limited. Raymond Limited, the plaintiff, is a company, which is the successor of Raymond Woollen Mills Limited incorporated in the year 1925 which had conceived and adopted the use of word ‘Raymond’ in a stylized manner for marketing its product. Plaintiffs have registered copyright and registered trademark for the word "Raymond".