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Naresh Kumar (Student)     02 December 2009

LUX and LUX COZY case

Dear all,

I have a querry about Trademark infringement of LUX bath soap.

In the market there is one more registered brand that is Lux cozy for inner wear section(class 25).

I thought that both are from Hindustan Unilever Ltd. But later came to know that I am wrong.

Lux being a well-known Registerd brand, how it has permitted to exploit its brand by some other entity? Is there any Trademark license agreement exicuted between both the parties?

I am eagerly waiting for your replies.

If any one knows the details about this case please provide me.

thank you



Learning

 6 Replies

Prakash Yedhula (Lawyer)     03 December 2009

It is to be seen whether Lux has registered their trademark in multiple classes. Or may be Lux Cozy would have registered their trademark under a different class in which Lux did not have registration.

 

Section 28 would throw some light in case both the trademarks are registered.

 

Rights conferred by Registration:

 

28 (1) Subject to the other provisions of this Act, the registration of a trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of infringement of trade mark in the manner provided by this Act.

 

(2) The exclusive right to the use of a trade mark given under sub-section (1) shall be subject to any conditions and limitations to which the registration is subject.

 

(3) Where two or more persons are registered proprietors of trademarks, which are identical with or nearly resemble each other, the exclusive right to the use of any of those trade marks shall not (except so far as their respective rights are subject to any conditions or limitations entered on the register) be deemed to have been acquired by any one of those persons as against any other of those persons merely by registration of the trade marks but each of those persons has otherwise the same rights as against other persons (not being registered users using by way of permitted use) as he would have if he were the sole registered proprietor. 

Iftikhar Ahsan (Indian Patent Agent)     03 December 2009

Dear All,  "LuX" must come under the category of wellknown brand as like Pepsi, Coke etc. No one else can use Pepsi or Coke as a trademark  for underwear or anything else by saying that this is for a different product except where the owner of trademark  permits to do so under certain arrangment. Likewise  LUX is also a wellknown brand an if it is used for certain other product, definately it would bring the brand value of lux to that  prodcut.

Regards,

Iftikhar Ahsan

Please note that this is my personal opinion and does not constitute a legal opinion in any sense. 

Naresh Kumar (Student)     03 December 2009

Thank you Ashan sir and Prakash Sir.

Naresh Kumar (Student)     03 December 2009

Prakash sir, Thanks for your valuable reply. But sir LUX being a well-known mark, I think it has all the rights to avoid duplication of its mark irrespectively it has registered in that particular class.
I think, Your explanation supports a brand, which is not a well-known mark.

Am I right sir

Vedaa Mirazkar (98457 02459) (Lawyer)     18 December 2009

Since LUX (bath soap) is a well-known mark and has earned wide reputation, some body else cannot encroach on the same mark for some other product but falling under same class. It is up to Lux (bath soap) whether or not to bring an action against lux cozy.   However, if there prevails an arrangement/agreement to use the brand name, then no action is necessary.

Priyanka Behal (Lawyer)     22 December 2009

There might be some agreement or arangement between the parties.


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