Monday, May 26, 2008

Settle Toshiba vs Tosiba fast: Supreme Court asks Delhi High Court [India]

The Supreme Court has asked the Delhi HC to expeditiously decide the trademark dispute between the Japanese company Toshiba and an Indian company which uses the trademark Tosiba for its electrical goods.

The largest manufacturer of heavy electrical items of Japan claims that such a use infringes on its trademark Toshiba. Justice SB Sinha and Justice LS Panta said: “We would, however, request the Delhi High Court to consider the desirability of disposing of the suit filed by the appellant (Kabushiki Kaisha Toshiba) against the respondent (Tosiba Appliances Co) as expeditiously as possible”. It in its notice, the company had said: “The trademark Toshiba is such a well-known trademark in India and abroad that its use or the use of a phonetic equivalent mark in respect of electronic and electrical goods would cause immense confusion and deception amongst the purchasing public and the trade. Our clients were surprised when they recently learnt of the adoption and use of the mark Tosiba both as your trademark and an essential feature of your trading style in respect of a range of electrical goods including electric irons. The adoption of the mark Tosiba is clearly mala fide and amounts to infringement of our clients’ various registered trade marks.”

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