Delhi High Court protects trademark of Sujata Chaudhri IP Attorneys

Delhi High Court protects trademark of Sujata Chaudhri IP Attorneys

Restrains Kolkata-based law firm from using a similar logo with effect from 01 January 2023

The Delhi High Court has restrained a Kolkata-based law firm from using a logo similar to that of the Delhi-based Intellectual Property boutique firm Sujata Chaudhri IP Attorneys.

Sujata Chaudhri, the proprietor, and managing partner of the firm had moved the high court seeking a permanent injunction, restraining trademark infringement, and copyright infringement against the defendant advocate Swarupa Ghosh.

While granting an interim injunction in favor of the plaintiff, Justice Prathiba M Singh observed, "Higher standards of probity are expected from lawyers and legal professionals, especially IPR lawyers, as it is their duty to ensure they do not imitate or adopt a name or logo, which is already in existence or in use by another person or entity, offering similar services."

Chaudhri had set up her firm in 2014. Recently, she learned that the defendant had adopted a logo that was almost identical to her registered mark 'SC' Also, the defendant was offering identical services.

However, the defendant argued that the logo 'SG' adopted by Ghosh was based on the Edwardian Script ITC font, available openly in the public domain. Thus, she could not claim a monopoly over it.

While observing the LinkedIn messages shared between the two lawyers, the court noted that the defendant was aware of the plaintiff's law firm. She was promoting her services to the plaintiff, and not the other way around.

Finding deceptive similarity between the two logos, the court was of the prima facie opinion that the plaintiff's firm successfully made out a case for the grant of an interim injunction and that the balance of convenience lay in its favor.

The court stated, "Irreparable injury would be caused to the plaintiff if the interim injunction is not granted. The defendant ought not to be permitted to use its logo, which is almost identical to the plaintiff's."

The bench, however, clarified that if the defendant wished to adopt an alternative logo to amicably resolve the issue, it would be permitted to move an application before the court. It issued a summons to the defendant seeking a reply to the application within four weeks.

The matter will be heard next on January 13, 2023.