2020 years 3 month 23 day, India's High Court in Delhi ruled against German carmaker BMW AG (BMW) With Indian electric tricycle manufacturer Om Balajee A trademark dispute between the companies was decided in favour of BMW, forbid Om Balajee Make or sell belts "DMW" Marked goods.

　　2017 years, BMW had sued Om Balajee Trademark infringement and counterfeiting.

　　BMW says, self 1987 It has been operating in India since 2000, Its trademark has become a household name in India and is highly prominent.

　　2016 years, BMW to Om Balajee For violating its Indian trademark, A cease and desist notice was issued to the company for the first time.

　　BMW says Om Balajee The logo is very similar to its own trademark, but Om Balajee He denied the claim, The reason is that BMW does not make electric tricycles.

　　Om Balajee Also pointed out that, BMW's lawsuit is subject to the statute of limitations, Because of oneself 2013 It has been in production since 2000 "DMW" Brand of electric tricycle, And BMW is in 2017 It took years to file a lawsuit in court.

　　The Delhi High Court said, Om Balajee Mark of "DMW" It is very similar to the famous brand of BMW both visually and in pronunciation, Om Balajee It is a clear attempt to capitalise on the brand quality and goodwill BMW enjoys in the market.

　　The court also stated that, BMW in 2016 It first became known shortly before the cease and desist notice was issued in 2005 Om Balajee tort. and, Even if BMW delayed filing a lawsuit, That's not enough to stop the court from issuing an injunction.

　　According to the precedent of the Supreme Court of India, The Delhi High Court noted: "If the prima facie evidence suggests Om Balajee use 'DMW' The logo itself is intended to deceive, Then an injunction becomes necessary. "

　　The Delhi High Court held that, Om Balajee right "DMW" The use of a logo is a deceptive move, It is an attempt to capitalise on the reputation and goodwill of the BMW brand, And may be mistaken by ordinary people Om Balajee The services provided are related to BMW.

(Compiled from www. worldipreview. com) 　　

Reprinted from China Intellectual Property Network   translation: Li Yanqiu　proofread: Liu Peng

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