Buy an ‘Infosys computer’ not made by Infosys

As if that wasn’t shocking enough, IPAB made out that it was acting against Infosys Technologies on the ground that its trade mark was ‘‘likely to deceive or cause confusion.’’

In its order passed on September 9, IPAB, comprising Justice S Jagadeesan and Dr Raghbir Singh, claimed that the deletion of the mega brand would, ironically, restore ‘‘the purity of the register of trade marks.’’

The brand name of Infosys Technologies was said to be affecting the ‘‘purity of the register’’ because until last year, the Indian trade mark law applied only to goods and not to any services. So, to get around this legal lacuna, service providers in various fields have over the years registered trade marks in goods that are closest to their respective services. Oberoi Hotel, for instance, took a trade mark for food and Citibank for printed material. This practice has also been upheld by courts in several cases.

Yet, IPAB has upheld the charge of Jupiter Infosys that Infosys Technologies was ‘‘squatting’’ on the trade mark which the software company had obtained for computer hardware and stationery. The action against Infosys Technologies is ostensibly based on a statutory provision saying that if a registered trade mark is not used by its proprietor for five years and one month, then any aggrieved party can seek its deletion from the register.

The decision of IPAB, set up last year under the new trade mark law, flies in the face of authoritative pronouncements by high courts as well as the Supreme Court. When a paper mill registered a trade mark called ‘‘Mahendra & Mahendra,’’ the Supreme Court in 2001 upheld the objection of the well-known Mahindra & Mahindra Ltd. The court held: ‘‘The name has acquired a distinctiveness and a secondary meaning in business or trade circles. People have come to associate the name ‘‘Mahindra’’ with a certain standard of goods and services.’’

The courts have been so liberal in protecting the trade mark of service providers that there is even a case upholding the trade mark of an NGO, World Wildlife Fund, over its famous panda logo. On the objection of WWF, the Delhi HC in 1994 disallowed Vardhaman Threads from displaying any panda on its packaging.

Infosys Technologies counsel M. Singh told The Sunday Express that he was filing a special leave petition by month-end before the SC.