Mansueto Ventures LLC Secures Legal Victory Against Dnyaneshwar Ashok Kamble Trading for Unlawful Use of "Inc." Trademark
In a significant ruling, the Delhi High Court has granted an ex-parte ad-interim injunction in favor of Mansueto Ventures LLC, a prominent US-based company, against Dnyaneshwar Ashok Kamble Trading, operating as Prime View Media and Technology, for trademark infringement and passing off. The court order, delivered by Justice Tushar Rao Gedela, restrains the defendant from using the mark "Inc." or any deceptively similar version for magazine products, domain names, social media handles, and email solicitations.
Mansueto Ventures LLC, owner of the globally recognized "Inc." and "Fast Company" brands, initiated legal proceedings after discovering that the defendant was using a similar mark for identical services, causing confusion among consumers and leveraging the established goodwill of the plaintiff's brand. The court found that the plaintiff established a prima facie case, with a balance of convenience in its favor, and highlighted the risk of irreparable loss without an injunction.
The judgment details the plaintiff's extensive global presence and reputation, with a monthly reach of over 25 million individuals through various media, including their flagship publication, Inc. magazine. The plaintiff argued that the defendant's actions, including the operation of the website theincmagazine.com and related social media platforms, mirrored its own, thereby misleading consumers and unjustly enriching itself at the plaintiff's expense.
The court's decision also noted complaints from subscribers about receiving unauthorized solicitations from the defendant, emphasizing the striking similarity between the marks used by both parties. Despite a cease-and-desist notice issued to the defendant, the infringing activities persisted, prompting the plaintiff to seek judicial intervention.
Justice Gedela's ruling underscores the importance of trademark protection, particularly for brands with substantial market recognition. The court's directive prevents the defendant and its associates from using the contested mark in any form that could mislead consumers or pass off their products as those of Mansueto Ventures LLC.
The next court date is set for October 5, 2026, with the defendant required to file a written statement within 30 days of receiving the summons.
Bottom line:-
Trademark infringement and passing off - Plaintiff's mark "Inc." enjoys substantial goodwill and reputation globally - Defendant's use of an identical or deceptively similar mark "Inc" for magazine products and services constitutes unauthorized use, causing confusion and unjust enrichment.
Statutory provision(s): Commercial Courts Act, 2015 Section 12A, Code of Civil Procedure, 1908 Order XXXIX Rules 1 & 2, Intellectual Property Rights - Trademark Infringement
Mansueto Ventures LLC v. Dnyaneshwar Ashok Kamble Trading, (Delhi) : Law Finder Doc id # 2889709
