Injunction Refused to Gillette for Use of Champion

Gillette India Ltd. V. Harbans Lal Malhotra & Sons Private Limited 2009 (41) PTC 182 (Cal)(DB) deals with intervention with the right of Gillette India Ltd. Gillette used the suffix 'champion', which is identical and deceptively similar to the registered trademark of Harbans Lal Malhotra. The mark in question 'champion' is commonly used as a trade practice and widely accepted as a mark of wide range of goods and services. The registration/use of 'champion' as a mark for a long time does not make it an enforceable right; rights can only be enforceable when the mark/expression used is distinct and dissimilar.

The present case is an appeal against an order by the Trial judge allowing an application for temporary injunction. Gillette India Ltd. filed a suit for declaration that the use of the suffix mark by Harbans Lal Malhotra is identical to the Gillette India Ltd. hence, causing infringement off their goods and seeks permanent injunction against the defendant.