A Delhi court has restrained e-tailer Flipkart from using its private label brand MarQ on the account of trademark issues. This was first reported by The Economic Times.
This order (copy of the order) was passed on January 18, 2018 and Flipkart has to comply to it until the next hearing, which is scheduled on February 5. Under its private label MarQ, Flipkart sells Air Conditioners, Washing Machines, TVs and Microwaves.
The restain comes after a Delhi-based electric appliances maker Marc Enterprises (plaintiff) filed a case saying that Flipkart’s (defendant) MarQ is similar to its own name selling similar or identical goods, and that this is a violation of its trademark it has been using since 1981 and registered in 1984. Marc sells products like geysers, fans, heaters and coolers etc
According to ET’s report, Marc Enterprises have also alleged Flipkart of using the label MarQ “dishonestly, fraudulently and out of positive greed”, and reportedly said in a petition that Flipkart is a big company and it should have done a reearch for the name in the trademark office.
On the account of same, Marc Enterprises seeks to “prohibit the defendant to use the trade mark MARQ for its similar or identical goods.”
On this, the court said that “it seems that prima facie there is phonetic similarity between the trade mark ‘MARC’ of the plaintiff and trademark ‘MARQ’ of the defendant. The plaintiff has claimed user since 1981, the defendant has claimed user since August, 2017. Therefore, it seems prima facie case, balance of convenience and irreparable loss are in favour of the plaintiff and against the defendant. Hence, the defendant is restrained to use the trade mark ‘MARQ’ for its products in any form and from any platform till next date.”
Note that the Delhi-base appliance manufacturers also list its products on Flipkart.
In a statement shared with MediaNama, Flipkart said that, “Since the filed suit is sub judice, we do not wish to comment on the merits. However, all trademarks including MarQ, adopted by Flipkart are distinctive and do not impinge on the rights of any third party. Flipkart India will be taking all steps under law to protect its rights.”
It seems Flipkart has already stopped showing MarQ-labelled items on its platform for the time being, as when we searched for MarQ products, the page could not find anything. Below is the sreenshot.