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ARTICLE · 31 JANUARY 2018

Flipkart India Restrained From Using Trademark ‘MarQ'

S.S. Rana & Co.
S.S. Rana & Co.
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S.S. Rana & Co.

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The ACs were scheduled to go on sale on Flipkart from the beginning of April, 2018 while the Smart TV was scheduled for May this year.

IndiaIntellectual Property
Tulip De
Tulip De
Priya Adlakha
Priya Adlakha
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E-commerce major Flipkart's attempt to build a brand for large appliances with its newly created private label "MarQ" has faced a setback after an Additional District Judge of the Patiala House Courts vide order dated January 18, 2018 in M/s Marc Enterprises Pvt. Ltd. v. Flipkart India Pvt. Ltd.1 passed an order restraining the use of the mark "MARQ" as prima facie, the court was of the view that it was phonetically similar to the mark of the Plaintiff "MARC".

Plaintiff's Assertions:

The Plaintiff, i.e., Marc Enterprises Pvt. Ltd. contended that the mark of the Defendant is infringing the mark of the Plaintiff. The Plaintiff made the following submissions: 1. That the Plaintiff is user of the trademark "MARC" since 1981 and that the mark is registered since 1984 for electrical goods in classes 7, 9, 11, 16 and 21.

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