The e-commerce transactions have increased phenomenally in India
in the last few years, this movement has been spearheaded by
Flipkart and Amazon in India. Recently, Flipkart in a bid to
increase its influence in electronic goods market launched anew
brand ‘MARQ’ however, this trade mark faced legal
issues because of its similarity to a prior registered trade
mark‘Marc’ also being used ofr electronic appliances.
This case, M/s Marc Enterprises Pvt. Ltd. v. Flipkart India
Pvt. Ltd. was filed before the District
Court, Patiala House in New Delhi.
Marc Enterprises claimed that it was using the trade mark
‘Marc’ since 1981 and in respect of electronic goods
the mark was being used since 1984. It was submitted that Flipkart
had filed for registration of the trade mark ‘MARQ’ on
a proposed to be used basis and has admitted to using the mark only
from 2017 therefore, it should be injuncted from using the trade
mark ‘MARQ’. Flipkart submitted that though Marc
Enterprises
