Bombay HC temporarily restrains Cognizant from using trademark logo identical to Atyati Tech
Cognizant Technology Solutions from using in India a trademark logo that is allegedly identical to the logo of Bengaluru-based Atyati Technologies Pvt Ltd.
The court, in its ex-parte order, also observed that Atyati Technologies has made out a prima facie case and the balance of convenience also tilts in its favour.
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Offering CollegeCourseWebsiteIIM KozhikodeIIMK Advanced Data Science For ManagersVisitIndian School of BusinessISB Product ManagementVisitIIT DelhiIITD Certificate Programme in Data Science & Machine LearningVisit“I have heard learned counsel Hiren Kamod and I find a prima facie case in favour of the plaintiff (Atyati Technologies) as, the use of the impugned, deceptively similar marks, label by the defendant (Cognizant) constitutes an infringement of the plaintiff’s registered trademarks and copyrights,” observed Justice Bharati Dangre in her order of March 19. The order was uploaded on April 10.
“The use of the impugned mark/label with deceptively/substantially similar trade dress, further constitutes passing off the goods and business of defendant as and for those of the plaintiff, and the general public and the people in the trade would be deceived into believing that the defendant has some affiliation, connection or nexus with the plaintiff when there is no such relationship existing between them,” observed the court while restraining Cognizant from using the trademark logo in India until further orders.
The court has adjourned the case for
