Bombay High Court Issues Temporary Injunction Restraining Chrome21 India From Infringing Hind Rectifiers HIRECT Trademark

Bombay High Court Issues Temporary Injunction Restraining Chrome21 India from Infringing Hind Rectifiers' 'HIRECT' Trademark

The Bombay High Court has granted a temporary injunction against Chrome21 India Pvt. Ltd., restraining it from using the trademark "HIRECT," which is registered to semiconductor manufacturer Hind Rectifiers Limited.

The court found that the defendant company had "dishonestly adopted" the mark, noting that it was identical to the plaintiff's trademark and applied to the same class of goods and services. Hind Rectifiers argued that it has been using the "HIRECT" mark continuously since 1961 across various sectors, including electronics, railway transportation, and power, among others. The company sought to prevent Chrome21 India Pvt. Ltd. from using the

"HIRECT" mark, which the defendants were using for their recruitment services under the domain 'hirect.in.'

The defendants contended that their adoption of the mark "HIRECT" stemmed from the idea of "HIRE-DIRECT," reflecting their recruitment services. However, Justice R.I. Chagla dismissed this argument, stating that in cases of trademark infringement and passing off, the intention behind adopting the mark is irrelevant. The Court emphasized that using a mark already widely associated with another entity leads to confusion, diverting customers and clients, which can cause significant harm to the original trademark holder.

The Court further noted that the defendants' claim of being unaware of Hind Rectifiers' trademark was misleading, as the examination report for their application had explicitly referenced the plaintiff’s mark as a conflicting one. The Court also rejected the defendants' argument that Hind Rectifiers was not using the "HIRECT" mark for all services covered by its registration, affirming that the plaintiff had superior rights to the trademark due to its longstanding and extensive use.

Hind Rectifiers was able to demonstrate that it had established significant goodwill and reputation in its trademark, which had become exclusively associated with the company. The court highlighted that the defendant's use of the "HIRECT" mark would dilute and harm thedistinctiveness of the plaintiff’s mark, which had been in use for at least 59 years before the defendants attempted to use a similar mark.

The Court concluded that Hind Rectifiers made a strong prima facie case for an injunction, and the balance of convenience favored the plaintiff. It ruled that failing to grant the injunction would cause irreparable harm to Hind Rectifiers. The Court also declared the "HIRECT" mark as a "well-known mark" under Section 2(1)(zg) of the Trademarks Act. As a result, the Bombay High Court issued a temporary injunction, restraining Chrome21 India Pvt. Ltd. from using the "HIRECT" mark as a domain name or website until the final resolution of the lawsuit.