Bombay High Court in its recent judgment, Reliance Industries Ltd. V Concord Enviro Systems Ltd., provided no injunctive relief to the plaintiff on finding no similarity between the logos of rival companies. The plaintiff had claimed that the logo of the defendant company was deceptively similar to that of the plaintiff’s registered trademark and claimed injunctive relief on this basis.
The defendants argued that the logo of their company signifies water, the company being a waste water treatment facility. The defendants further argued that the plaintiff is trying to seek a monopoly on a curve of virtually every shape, size, design or dimension. The defendants relied on a case which observed that to decide the question of deceptive similarity, the nature and kind of customers who are likely to buy, play an important factor.
The Court agreed with the defendant’s submissions and stated that there is no question of any deception being caused due to the logos and no average man with imperfect memory can get confused between the two logos.