Nutraceuticals company True Care Life Sciences has consented to a decree to not use the trademarks “JIOFIT” and “JIOFER” in response to trademarks lawsuit by Reliance Industries, according to a Bombay High Court order dated June 10. True Care Life Sciences is a nutraceuticals company that produces food supplements. The impugned mark “JIOFIT” was already being used by the company in the market, while “JIOFER” was under proposal.
During the proceedings, the defendants agreed to the following conditions set by Reliance Industries:
- They would not use the impugned trademarks “JIOFIT” and “JIOFER”, or any combination thereof that is deceptively similar to Reliance’s registered trademark “JIO”.
- They would not use the aforementioned trademarks to pass off their goods and services as Reliance’s.
- They would destroy all items, goods, stationery, packing material, etc. bearing the impugned trademarks and any other mark that is deceptively similar or identical to Reliance’s “JIO”.
What the court ordered True Care Life Sciences to do
- By June 24, that is, within two weeks of the judgement, the defendants have to give true and correct accounts to Reliance Industries of stock available with them, and the stock given to wholesalers/distributors/retailers with their names, addresses and contact details.
- By July 8, that is, within four weeks of the judgement, the defendants will hand over packing materials, labels, etc. that bear the impugned trademarks to Reliance Industries for destruction via the Court Receiver of the court who will remove content in the packing material bearing the impugned trademarks and hand over the packing materials to Reliance Industries for destruction. The charges of the Court Receiver will be borne by Reliance Industries.
- The defendants can use the contents of the products as they see fit, as long as they do not use the impugned or similar trademarks in association with their product.
- Defendants will apply to the registering authority for withdrawal of the impugned trademarks “JIOFIT” and “JIOFER”.
True Care Life Sciences’ lawyer Darryl Paul Barretto told MediaNama, “As per the order we have been given, we have four weeks to withdraw our products from the market, and are in the process of doing so. We are not using it [the impugned trademarks], and are making sure that the deadline is met.”