HC prevents Kent RO from using the air purification company’s trademark
The Delhi High Court banned Kent RO from using the trademark of air purification company Atlanta Healthcare, observing that it was a “dishonest adoption” of the trademark.
“Considering that this court is of the prima facie opinion that this is a dishonest adoption by the defendant (Kent RO). The Defendant is hereby barred from using the Plaintiff’s Trademark (Mankastu Impex Private Limited) “HEPA PURE” or any other mark deceptively similar to the Plaintiff’s Trademark until the next hearing date ”, stated Judge JR Midha. The court has now settled the case at a new hearing on January 10.
In an infringement action filed by Mankastu Impex Private Limited against Kent RO Systems Ltd in the High Court for infringement of its “HEPA Pure” mark, it sought an injunction to prevent Kent RO from using the mark with immediate effect. Mankastu Impex Private Limited is the manufacturer, trademark and patent owner of Atlanta Healthcare air purifiers,
Kent RO argued that “HEPA” is a technology and that many entities use the word “HEPA Technology”. He argued that the plaintiff cannot prevent the defendant from using “HEPA”. Counsel for Kent Ro argued that there are 13 entities that manufacture / market air purifiers in India and all of them use the word “HEPA Technology” because “HEPA” is a technology. She added that many entities use the word “Pure”.
According to Mankastu, “HEPA Pure” is a registered trademark under the legal entity of Atlanta Healthcare and it has used it for years to promote its air purifiers. Kent RO has adopted the same keywords and used the same ones on their air purifier products, advertisements, logo and other marketing materials.