Court rules no change in circumstances or undue hardship justifying a second application for the same relief
In a significant judgment by the Delhi High Court, the court has dismissed the application filed by Imagine Marketing Pvt. Ltd., seeking an interim injunction against Exotic Mile from using the trademark 'BOULT.' The court, presided by Ms. Jyoti Singh, J., ruled that there was no change in circumstances or undue hardship that would justify the filing of a second application for the same relief.
The case involved allegations by Imagine Marketing Pvt. Ltd. that the trademark 'BOULT' used by Exotic Mile was deceptively similar to its registered trademark 'BOAT,' potentially causing confusion among consumers. Previously, an interim injunction had been granted against Exotic Mile concerning specific device marks, but not the wordmark 'BOULT.'
The court noted that the plaintiff had not sought any appeal, review, or modification of the earlier judgment that declined an injunction on the wordmark 'BOULT.' Despite acknowledging phonetic similarity between 'BOAT' and 'BOULT,' the court emphasized that a second application without any change in circumstances constitutes an abuse of process of law.
The court further highlighted the defendant's transition to a new trademark 'GOBOULT' and cessation of using 'BOULT,' stating that any residual online presence of the discontinued wordmark does not constitute undue hardship to the plaintiff. The judgment reiterated that under Order XXXIX Rule 4 of the Civil Procedure Code, interim injunctions can only be modified if there are changed circumstances or undue hardship, which was not established in this case.
The ruling underscores the legal principle that successive applications for the same relief on identical grounds are not maintainable, ensuring the integrity of judicial processes and preventing abuse of the legal system.
Bottom line:-
Trademark Law - Phonetic similarity between trademarks BOAT and BOULT - Interim injunction against use of wordmark BOULT denied due to lack of change in circumstances or undue hardship.
Statutory provision(s): Order XXXIX Rules 1 and 2, Civil Procedure Code, 1908
Imagine Marketing Pvt. Ltd. v. Exotic Mile, (Delhi) : Law Finder Doc id # 2938104
