Intex to appeal Delhi High Court order that bans sales of ‘Aqua’ phones

Intex will appeal the Delhi High Court order, which has barred the sale of all Intex phones with the Aqua branding.

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Intex’s Aqua phones have been barred from sales by a Delhi High Court order. The company says it will file an appeal against the order.

Intex Technologies has said it will appeal the December 24 Delhi High Court order, which has barred the sale of all Intex phones with the Aqua branding. The Delhi High Court order by Justice GS Sistani has banned the sale of all Aqua smartphones after a trademark infringement petition was filed by a smaller mobile firm called Aqua Mobiles.

The order notes, “Accordingly, defendants, their directors, officers, franchisees, agents, employees, servants, and/or any other person acting for and on their behalf are restrained from using the infringing trademark “Aqua” or any other deceptively similar trademark in respect of mobile phones/cellular phones and their accessories, till the disposal of the suit.”

The court’s order will come in force after two weeks, which added that it was enough time for Intex to dispose off their current stocks. The court also says the current order and observations are in the “context of a prima facie view.”

An Intex spokesperson issued a statement to IndianExpress.com saying, “Intex has decided to challenge and file an appeal to this order dated 24.12.16 preferably before Division bench of Delhi High Court. As the matter is sub-judice, hence we cannot comment upon further.”

According to the suit filed by Aqua Mobiles, the company claims it was selling ‘Aqua’ branded mobiles in India from 2009 and this includes “earphones, mobile chargers, USB cables and mobile batteries.” Aqua Mobiles has over 12 different mobiles under the brand priced from Rs 999 to Rs 3,999 based on the order.

Aqua Mobiles claims Intex adopted the Aqua brand in 2012 and launched a new range of phones, which it says is infringing on their trademark that has been around since 2009. Aqua Mobiles claims in its lawsuit that Intex also used their pictorial logo for ‘Aqua’ illegally. The court order goes on to say,
“The plaintiffs/applicants, having established a strong prima facie case for priority showing prior use and goodwill in the mark ‘Aqua’ are entitled to an interim injunction against the defendants.”