New Delhi: The Delhi High Court<\/a> has allowed major mobile phone maker 'Intex<\/a>' to sell its Aqua<\/a> brand handsets and accessories in the local market.<\/p>\n \n\tA bench of Justices Badar Durrez Ahmed and Ashutosh Kumar passed the judgement while setting aside a single judge's interim order barring Intex from selling its Aqua handsets and accessories, taking note of a trademark infringement plea of market rival 'Az Tech'.<\/p>\n \n\t\"We feel that respondent (Az Tech) have neither made out a prima facie case in their favour, nor is the balance of convenience in their favour. In fact, irreparable injury would be caused to appellant (Intex) if an injunction were to be granted or continued.<\/p>\n \n\t\"And, above all, the conduct of Az Tech has not been honest, to say the least. This by itself disentitles them from getting an order of injunction in their favour. Consequently, the judgment (single judge's) is set aside,\" the bench said.<\/p>\n \n\tThe division bench verdict came on a plea filed by Intex against the single judge's order of December last year.<\/p>\n \n\tAz Tech had moved the single judge against Intex in 2013 alleging that the handset brand of its rival has created confusion among customers due to identical trademark of 'Aqua' and sought interim injunction on the sale.<\/p>\n \n\tGranting interim relief, Justice G S Sistani had said \"the plaintiffs\/applicants, having established a strong prima facie case for priority showing prior use and goodwill in the mark 'Aqua' (and) are entitled to an interim injunction against Intex.\"<\/p>\n \n\tAz Tech, in its plea, before the single judge had claimed it had been selling 'Aqua' trademarked mobile phones in India since 2009 and had expanded its business by venturing into production of earphones, mobile chargers, USB cables and batteries under the brand.<\/p>\n \n\tIt had alleged that 'Intex' had opted for an identical trademark in 2012 to \"have a free ride on its (Aqua Mobiles) goodwill\".<\/p>\nAppealing against the single judge's order, Intex had submitted that 'Aqua' as a trademark was incapable of being distinguished for goods of Az Tech only and therefore, the company cannot claim rights over the trademark and seek legal protection. (More) PPS ARC DV\n\n<\/body>","next_sibling":[{"msid":57604672,"title":"Employees protest disinvestment plan in BSNL","entity_type":"ARTICLE","link":"\/news\/employees-protest-disinvestment-plan-in-bsnl\/57604672","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[],"msid":57609633,"entity_type":"ARTICLE","title":"Trademark row: HC allows 'Intex' to sell Aqua brand mobiles","synopsis":"A bench of Justices Badar Durrez Ahmed and Ashutosh Kumar passed the judgement while setting aside a single judge's interim order barring Intex from selling its Aqua handsets and accessories, taking note of a trademark infringement plea of market rival 'Az Tech'.","titleseo":"telecomnews\/trademark-row-hc-allows-intex-to-sell-aqua-brand-mobiles","status":"ACTIVE","authors":[],"Alttitle":{"minfo":""},"artag":"PTI","artdate":"2017-03-12 22:52:32","lastupd":"2017-03-12 22:53:51","breadcrumbTags":["Intex","Aqua","Kumar Autowheels Pvt Ltd","Delhi High Court","Devices"],"secinfo":{"seolocation":"telecomnews\/trademark-row-hc-allows-intex-to-sell-aqua-brand-mobiles"}}" data-authors="[" "]" data-category-name="" data-category_id="" data-date="2017-03-12" data-index="article_1">
巴达长椅上的法官针对Durrez艾哈迈德和Ashutosh Kumar通过判断而留出一个法官的临时命令禁止国际展览中心出售其Aqua手机及配件,注意商标侵权抗辩的市场竞争对手“Az科技”。 新德里:德里高等法院使得主要手机制造商国际展览中心“出售它阿卡在当地市场品牌手机及配件。 巴达长椅上的法官针对Durrez艾哈迈德和Ashutosh Kumar通过判断而留出一个法官的临时命令禁止国际展览中心出售其Aqua手机及配件,注意商标侵权抗辩的市场竞争对手“Az科技”。 “我们认为被告(Az科技)既没有提出初步的理由对他们有利,也不方便对他们有利的平衡。事实上,不可挽回的损伤会导致上诉人(国际展览中心)如果禁令被授予或继续。 ”,最重要的是,阿兹科技没有诚实的行为,至少可以这么说。这本身剥夺权利他们获得订单的禁令,使其对自己有利。因此,判断(单个法官)留出,”法官说。 部门台上裁决提起的请求国际展览中心针对单一法官去年12月的订单。 阿兹科技已经单一法官反对国际展览中心在2013年宣称手机品牌竞争对手创造了混乱的客户由于相同的商标“Aqua”和寻求临时禁令。 给予临时救助、司法G S Sistani曾说“原告/申请人,建立一个强大的优先显示之前使用的初步理由和善意的标志“Aqua”(和)对国际展览中心有权临时禁令。” Az技术,在其认罪,在单一法官声称它已出售“Aqua”商标的手机在印度自2009年以来,扩张其业务通过冒险进入生产耳机、手机充电器、USB电缆和电池品牌。 已经声称,“国际展览中心”曾在2012年选择了一个完全相同的商标“免费搭乘(Aqua手机)善意”。商标行:HC允许国际展览中心的卖水的品牌手机
New Delhi: The Delhi High Court<\/a> has allowed major mobile phone maker 'Intex<\/a>' to sell its Aqua<\/a> brand handsets and accessories in the local market.<\/p>\n \n\tA bench of Justices Badar Durrez Ahmed and Ashutosh Kumar passed the judgement while setting aside a single judge's interim order barring Intex from selling its Aqua handsets and accessories, taking note of a trademark infringement plea of market rival 'Az Tech'.<\/p>\n \n\t\"We feel that respondent (Az Tech) have neither made out a prima facie case in their favour, nor is the balance of convenience in their favour. In fact, irreparable injury would be caused to appellant (Intex) if an injunction were to be granted or continued.<\/p>\n \n\t\"And, above all, the conduct of Az Tech has not been honest, to say the least. This by itself disentitles them from getting an order of injunction in their favour. Consequently, the judgment (single judge's) is set aside,\" the bench said.<\/p>\n \n\tThe division bench verdict came on a plea filed by Intex against the single judge's order of December last year.<\/p>\n \n\tAz Tech had moved the single judge against Intex in 2013 alleging that the handset brand of its rival has created confusion among customers due to identical trademark of 'Aqua' and sought interim injunction on the sale.<\/p>\n \n\tGranting interim relief, Justice G S Sistani had said \"the plaintiffs\/applicants, having established a strong prima facie case for priority showing prior use and goodwill in the mark 'Aqua' (and) are entitled to an interim injunction against Intex.\"<\/p>\n \n\tAz Tech, in its plea, before the single judge had claimed it had been selling 'Aqua' trademarked mobile phones in India since 2009 and had expanded its business by venturing into production of earphones, mobile chargers, USB cables and batteries under the brand.<\/p>\n \n\tIt had alleged that 'Intex' had opted for an identical trademark in 2012 to \"have a free ride on its (Aqua Mobiles) goodwill\".<\/p>\nAppealing against the single judge's order, Intex had submitted that 'Aqua' as a trademark was incapable of being distinguished for goods of Az Tech only and therefore, the company cannot claim rights over the trademark and seek legal protection. (More) PPS ARC DV\n\n<\/body>","next_sibling":[{"msid":57604672,"title":"Employees protest disinvestment plan in BSNL","entity_type":"ARTICLE","link":"\/news\/employees-protest-disinvestment-plan-in-bsnl\/57604672","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[],"msid":57609633,"entity_type":"ARTICLE","title":"Trademark row: HC allows 'Intex' to sell Aqua brand mobiles","synopsis":"A bench of Justices Badar Durrez Ahmed and Ashutosh Kumar passed the judgement while setting aside a single judge's interim order barring Intex from selling its Aqua handsets and accessories, taking note of a trademark infringement plea of market rival 'Az Tech'.","titleseo":"telecomnews\/trademark-row-hc-allows-intex-to-sell-aqua-brand-mobiles","status":"ACTIVE","authors":[],"Alttitle":{"minfo":""},"artag":"PTI","artdate":"2017-03-12 22:52:32","lastupd":"2017-03-12 22:53:51","breadcrumbTags":["Intex","Aqua","Kumar Autowheels Pvt Ltd","Delhi High Court","Devices"],"secinfo":{"seolocation":"telecomnews\/trademark-row-hc-allows-intex-to-sell-aqua-brand-mobiles"}}" data-news_link="//www.iser-br.com/news/trademark-row-hc-allows-intex-to-sell-aqua-brand-mobiles/57609633">
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