Synopsis: The Bombay High Court has granted interim relief to Asian Paints, restraining a rival manufacturer from using the mark “ASIA TUFF” for paint and wall putty products after the company argued that the mark was deceptively similar to its well-known trademark and could mislead consumers.

 

New Delhi: The Bombay High Court has granted an interim injunction in favour of Asian Paints, restraining a rival manufacturer from using the mark “ASIA TUFF” for cement paint and wall putty products in a trademark infringement dispute.

Bombay High Court grants interim injunction to Asian Paints against ‘Asia Tuff’ mark
Source: Internet

The court’s order came after the paint major argued that the competing mark was deceptively similar both visually and phonetically to its established trademark and could create confusion among consumers in the paints market.

In its plea, the company contended that the adoption of the “ASIA TUFF” mark by the rival entity was likely to ride on the goodwill and reputation associated with the “Asian” brand, which has been widely recognised in the paint industry.

Accepting the prima facie case made by the company, the court restrained the defendant from using the impugned mark during the pendency of the proceedings. The order effectively prevents the sale or marketing of paint and wall putty products under the disputed branding until the case is finally decided.

The development is the latest in a series of trademark enforcement actions by the paint major aimed at protecting its intellectual property and preventing the use of marks that may dilute its brand identity in the competitive coatings market.

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