Trademark is the most important asset of a business,
irrespective of the kind of goods and services they offer. From
high end luxury fashion brands to your local eatery –
everyone wants to create a distinct identity in the minds of their
target audience. Hence, it is not surprising to see mattress
manufacturers fighting over the use of the term 'NO TURN',
which in essence, is a feature of a mattress which need not be
flipped time and again in order to increase its longevity. Caught
in the situation were two biggest mattress producers – Peps
and Kurlon.
Indian mattress giants, Peps and Kurlon entered into a dispute
over the use of the mark 'NO TURN'. The case was filed by
Peps Industries Pvt Ltd (the Plaintiff) against Kurlon Ltd (the
Defendant). Here, a question of prior use arose before the Delhi
High Court to determine the rightful trade mark owner of the
impugned mark.
