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ARTICLE · 01 MARCH 2019

VAC PAC Unsealed: Superon Schweisstechnik India v. Modi Hitech India Ltd.

INTA Bulletins Law and Practice — Asia-Pacific Subcommittee

IndiaIntellectual Property

INTA Bulletins Law and Practice — Asia-Pacific Subcommittee

Verifier: Sushant Singh, Supreme Court of India and Delhi High Court

On April 2, 2018, in Superon Schweisstechnik India v. Modi Hitech India Ltd./CS (COMM) No.750/2018, the High Court of Delhi ruled on the issue of abbreviations of words being used as trademarks for goods sold, techniques adopted, or materials used.

The plaintiff, Superon Schweisstechnik India, was operating a business geared to the repair and reclamation of welding electrodes. The company's "umbrella" trademark was SUPERON, along with which the company used the term "VAC PAC" for electrodes that are vacuum packaged. The defendant, Modi Hitech India Ltd., used the trademark GMM/arc for its products and also used the term "VAC PAC" with its trademark to indicate that its electrodes were vacuum packaged.

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