Thursday, August 13, 2015

Indian company gets High Court stay against Audi to desist use of ‘TT’

The Audi TT is a dream car for many people in the world. However, German auto maker Audi cannot use the brand name ‘TT’ to sell accessories, bags, leather and faux leather goods, or toy cars in India, as it violates the trademark of Delhi-based garment firm TT Industries.

The Delhi High court in an order issued on July 21 has issued an ex parte interim injunction restraining Audi from using the name ‘TT’ as a brand name for its goods in India, after TT Industries proprietor Rikab Chand Jain filed a plea under the Trademarks act alleging that the German firm was violating its internationally known trademark.

The bench of Justice Najmi Waziri in its order has issued the injunction after noting that TT Industries had “made out a prima facie case for an ex parte ad interim injunction and in case such an order is not passed at this stage, irreparable prejudice would be caused to them.”

TT Industries, which mainly manufactures garments, threads and yarns and other consumer goods, has claimed in its plea that its “goodwill” in the market was under threat. The company has sought court orders to permanently restrain Audi GM from using the TT brandname in India.

The company has also sought Rs 25 lakh in damages from Audi GM for “selling car and the related accessories with the mark ‘T T’ clandestinely in Delhi.”

The court has issued an interim stay on the use of the TT brand name by Audi AG, and has directed Audi AG Germany as well as its India office in Mumbai to file their reply to the plea by November. Speaking to The Indian Express, advocate Shilpi Jain Sharma said that the court notice for trademark violation had been sent to the Audi offices in Germany as well as Mumbai.

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