The Delhi High Court in the case Usha International Limited v. Mr. Haseen Ahmed Trading As Tusha Sewing Machine Co observed and has granted ad interim injunction in favour of famous sewing machines brand ‘USHA’ in its trademark infringement suit against a company for using a deceptively in respect of same products, the similar mark ‘TUSHA’ .
The bench of Justice Navin Chawla observed and was of the view that the two marks were deceptively similar and that Usha International Limited had shown its goodwill and reputation in its mark ‘USHA’.
However, it is claimed in the suit that the Usha International Limited had adopted the mark USHA in the year 1936 and had been using the same in relation to sewing machines and its parts.
In the present case, it is asserted that USHA logo comprised an ‘original artistic work’ under sec. 2(c) of the Copyright Act, 1957 and was registered as copyrighted works in the years 1970 and 1979, wherein giving the Usha International Limited the exclusive right to copy or reproduce the same.
Further, it has been claimed by the USHA that it gained knowledge of the use of the mark only in the first week of March, 2022 by the defendant namely Haseen Ahmed which is being traded as Tusha Sewing Machine Company.
However, it has been asserted by the defendant that the mark TUSHA was registered with respect to the sewing machines and parts.
It was observed and is deemed to have been suspended that it was Usha’s case that the registration applied for by the defendant was done on a ‘proposed to be used’ basis which was granted during the COVID-19 pandemic period. Thus, it is argued that in terms of the judgment of passed by a Co-ordinate Bench, such registration, on opposition being filed by the plaintiff, is deemed to have been suspended.
the Court appointed a Local Commissioner for visiting the premises of the defendant, while granting ad interim injunction in favour of Usha.
It has been directed by the Court that the Local Commissioner to take stock of and inventories all products in the premises as well as confiscate and release on superdaari to the defendant all such products.
The Court added that the Local Commissioner shall be at the liberty to seek police assistance and protection and if required the same is to be execute the order of this court and the SHO of the said area is directed to provide immediate assistance to the Local Commissioner upon request.