⚖️ Legal Learning – Shri Ganpati Jurists
Case: Hi Tech Arai Private Limited v. Paul Components Private Limited & Ors.
🧾 Key Principle:
➡️ Even an unregistered trade mark can be protected under Section 27(2) of the Trade Marks Act, 1999, if the plaintiff establishes long, continuous, and extensive use leading to distinctiveness.
⚖️ Court’s Key Findings:
A. Passing Off Action – Section 27(2)
• Plaintiff’s mark ‘HTA’ was unregistered but used continuously and extensively since 1985.
• The Court held that relief can be granted in a passing off action even without registration to prevent consumer confusion and deception.
B. Use on Business Papers – Sections 29(6)(d) & 27(2)
• The plaintiff proved use of the mark ‘HTA’ on invoices and business documents.
• Such use qualifies as “use of trade mark” under Section 29(6)(d), supporting prior adoption.
E. Interim Injunction
• Plaintiff established a prima facie case with proof of continuous use since 1985.
• Balance of convenience and irreparable harm favoured the plaintiff.
• Defendants restrained from using deceptively similar marks or trade dress.
📚 Legal Takeaway:
Registration is not the sole ground for trade mark protection.
Continuous and honest use of a mark builds goodwill that is actionable under passing off law, protecting traders from deception and unfair competition.
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