Delhi High Court Dismisses Relaxo's Trademark Infringement Plea Against HRX's Use Of "X" Mark
Delhi High Court Dismisses Relaxo's Trademark Infringement Plea Against HRX's Use Of "X" Mark
The Delhi High Court has recently dismissed a plea filed by Relaxo, a prominent footwear manufacturer, seeking to prohibit HRX, owned by Myntra, from utilizing the "X" mark in its Trademark for Footwear Sales.
Justice Anish Dayal dismissed Relaxo's plea for an interim injunction, rejecting its argument that the "X" mark used by HRX is confusingly similar to the mark used by the company owning the Sparx brand of footwear.
The Court emphasized that HRX couldn't be accused of dishonestly adopting the plaintiff's "X" device mark. It clarified that the scenario might have differed if both parties had exclusively used the "X" device marks on their shoes and packaging, or if they had been listed as such on websites without their primary brand names. However, given HRX's established market presence spanning over ten years as of 2013, the Court sided with HRX.
Moreover, the Court underscored that Relaxo couldn't assert exclusive rights over the various "X" trademarks, considering their coexistence in the market.
Relaxo initiated a legal action against XS Brands Consultancy Private Limited, the company behind HRX, and others for Trademark Infringement. The lawsuit sought to prohibit HRX from utilizing the "X" marks on its products. Relaxo contended that HRX's "X" mark bore a confusing resemblance to its registered trademark, of which it claimed ownership.
In response, the defendants countered that Relaxo didn't possess exclusive rights to the letter "X" and, at most, could claim rights to a specific creative design, distinct from HRX's "X." They argued that the "X" in HRX's mark represented "Xtreme" and was derived from Hrithik Roshan's initials.
Actor Hrithik Roshan, initially listed as a respondent in the lawsuit due to his status as an HRX shareholder, later divested his shares in the company but continued his role as a brand ambassador.
After careful examination, the Court rejected Relaxo's request for an interim injunction, thereby permitting HRX to maintain the use of the "X" mark in its Trademark for the sale of Footwear.
