Bombay HC upholds Kirloskar Proprietary’s rights on ‘Kirloskar’ brand

In a significant improvement within the trademark battle over the “Kirloskar” model, the Bombay High Court has upheld Kirloskar Proprietary Limited’s (KPL) rights because the registered proprietor of the mark, rejecting the claims of unique and perpetual possession made by Sanjay Kirloskar-led Kirloskar Brothers Limited (KBL).

The HC stayed the order of the Pune District Court docket that had briefly restrained KPL from creating licensing rights, reaffirming that KPL has been the custodian of the “Kirloskar” logos for over 50 years and is empowered to grant licenses to its member firms as per its Articles of Affiliation.

“There is no such thing as a materials to help the competition of Kirloskar Brothers that it continued to be useful proprietor of the Kirloskar logos even after the project of the marks. The project and person agreements state on the contrary,” a division bench of Chief Justice and Justice M.S. Karnik dominated.

The courtroom famous that the person agreements clearly state that the goodwill within the “Kirloskar” marks vests with KPL, and that the permitted person (KBL) derives no possession rights from utilization. It additional noticed that there was no justification at this interim stage to restrain KPL from granting licenses, sustaining that the association has been in place for the previous 5 a long time.

The HC agreed with KPL’s competition that the Pune courtroom had erred in altering the established order by limiting KPL’s licensing rights. It additionally rejected paperwork submitted by KBL claiming perpetual possession, saying they didn’t set up an unique or interminable proper.

The matter has been posted for additional listening to on August 11.