Finolex Cables wins trademark infringement case

The company through its counsel Vijay Kale has submitted to the court that Mumbai-based Finolex Tubes and Fittings had recently started the business of manufacturing and marketing tubes and accessories. “They have also launched their website and advertised their product under the name Finolex Tubes and Fittings. Defendant number 3 — Shailesh Jain appears in their advertisement as a manufacturer,stockist and supplier of its products. The defendants have no right to use the word ‘Finolex’ in their trade as it was registered as a trade mark by Finolex Cables Limited as early as on October 28,1958 and is being renewed from time to time,” Kale told the court.

When the complainant company got to know of the Mumbai-based firm using the name ‘Finolex’,a notice was issued to them on September 18,2009 calling upon them to tender apology and to restrain themselves from using their trade mark. The notices that were served on Finolex Tubes and Fittings,Kishor Industries and Shailesh Jain were acknowledged,while those to other three were returned back ‘not claimed’. Despite the service of the notices,they continued to use the trade mark. This prompted the company to file a suit in the court.

According to the complainant company,it exports goods worth Rs 7,500 lakh annually. “Since there is a similarity in the nature of the product and the use of word ‘Finolex’,‘the buyers would obviously feel that it is the original product of the complainant company — Finolex Cables Limited — and would purchase it as genuine goods. The defendants are indulging in deceptive tactics by using the trade mark ‘Finolex’,which would cause irreparable loss to the company,’ the company said. The defendants did not represent themselves in the court and the arguments by Finolex Cables Limited went unchallenged.

While asking for Rs 10 lakh towards damages,the company had no material to quantify the exact loss. ‘Despite that,there is no denying that the company must have suffered some loss due to infringement of its trade mark…it would be appropriate to grant general damages of Rs 1 lakh to the plaintiff (Finolex Cables Limited),’ the judge observed. The court,in its judgment,also ‘perpetually restrained the defendants from using the registered trade mark ‘Finolex’ of Finolex Cables Limited through their proprietor,servants,agents,representatives,dealers and others and also restrained from marketing,advertising their products using that trade mark.’