The court docket, in its ex-parte order, additionally noticed that Atyati Applied sciences has made out a prima facie case and the stability of comfort additionally tilts in its favour.
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“I’ve heard discovered counsel Hiren Kamod and I discover a prima facie case in favour of the plaintiff (Atyati Applied sciences) as, using the impugned, deceptively comparable marks, label by the defendant (Cognizant) constitutes an infringement of the plaintiff’s registered emblems and copyrights,” noticed Justice Bharati Dangre in her order of March 19. The order was uploaded on April 10.
“Using the impugned mark/label with deceptively/considerably comparable commerce costume, additional constitutes passing off the products and enterprise of defendant as and for these of the plaintiff, and most of the people and the folks within the commerce can be deceived into believing that the defendant has some affiliation, connection or nexus with the plaintiff when there isn’t any such relationship present between them,” noticed the court docket whereas restraining Cognizant from utilizing the trademark brand in India till additional orders.
The court docket has adjourned the case for additional listening to on April 30.
Earlier than the court docket handed its order, Atyati Applied sciences argued that final 12 months in October, the corporate was shocked to study that the defendant (Cognizant Know-how) was providing virtually similar providers regarding IT infrastructure, software program growth for banking and monetary providers, and consulting providers underneath a mark/brand as its outstanding, main and important characteristic.
Uncover the tales of your curiosity
Together with advocate Hiren Kamod, Nishad Nadkarni of Khaitan & Co appeared for the petitioner firm within the case.The Indian firm has claimed that its gadget mark (brand) comprised an orange-coloured hexagonal honeycomb/hive gadget which stands for collaboration, compassion and influence, depicted by the marginally inclined illustration, which stands for the motto and values imbibed by the petitioner’s organisation in its enterprise actions. The corporate additionally claimed that it has adopted this mark since early 2019.
The court docket additionally noticed that “it is usually curious to notice that there isn’t any motive or justification in any respect within the defendants’ mentioned response as to how or in what method did the defendants come to undertake the mark/brand which is sort of similar/deceptively just like the plaintiff’s ATYATI Registered Marks and the ATYATI System marks”.
The court docket, whereas restraining the US firm, additionally noticed that the plaintiff has established that the defendants’ impugned mark/brand consisting of the mark/brand as its main and important characteristic, within the general context of issues, is sort of similar and/or deceptively just like the plaintiff’s ‘Atyati’ registered marks.
