The Delhi High Court restrained Kent RO from using the trade mark of air purification major Atlanta Healthcare, observing there is “dishonest adoption” of the registered trade mark.
“Considering that this court is of the prima facie view that it is a dishonest adoption by the defendant (Kent RO). The defendant is hereby restrained from using plaintiff (Mankastu Impex Private Limited) trade mark ‘HEPA PURE’ or any other mark deceptively similar to the plaintiff trade mark till the next date of hearing,” Justice J R Midha said. The court has now fixed the matter further hearing on January 10.
In an infringement suit filed by Mankastu Impex Private Limited against the Kent RO Systems Ltd in the High Court for infringing its trademark ‘HEPA Pure’, it has sought injunction to restrain Kent RO from using the trademark with immediate effect. Mankastu Impex Private Limited is the manufacturer, trademark and patent owner of Atlanta Healthcare Air Purifiers,
Kent RO submitted that ‘HEPA’ is a technology and many entities are using the word ‘HEPA Technology’. It argued that the plaintiff cannot restrain the defendant from using ‘HEPA’. The counsel for the Kent Ro has submitted that there are 13 entities who are manufacturing/marketing air purifiers in India and all of them are using the word ‘HEPA Technology’ because ‘HEPA’ is a technology. It further submitted that many entities are using the word ‘Pure’.
As per the Mankastu the ‘HEPA Pure’ is a trade mark registered under the legal entity of Atlanta Healthcare and it has been using the same for years to promote its Air Purifiers. Kent RO adopted the same keywords and has been using the same on it’s Air Purifier products, advertisements, logo, and other marketing collaterals.