India, US companies to fight in Supreme Court over Exide trademark
NEW DELHI: A longstanding legal dispute over who can sell car batteries in the Indian market under the brand Exide has gone to the Supreme Court. However, Exidede Technologies, currently based in the US, cannot use the name in any way to promote its brand or company in the country.
Exide Industries of India has been entering the local market with its trademark for decades. The dispute was triggered when the US company decided to enter the Indian market after liberalization.
The Indian company filed a trademark infringement suit in the Delhi High Court when it started selling car batteries using the slogan “Made by Exide Technologies Inc”.
After a long legal battle, Exide Industries won an order from the Delhi High Court in September 2012, prohibiting Exide Technologies from using the trademark “Exide” in India. However, Justice Pision upheld the order, forcing Exide Industries to file a case in the Supreme Court. A suit was filed.
The trial was heard by Justice Dipak Mishra and Justice C Nagappan on Friday. After hearing preliminary arguments, the judges provisionally refused to allow the US company to use the term.
This judge issued a notice of appeal to Indian rival Exide Technologies on its order of Justice Pision on HC’s information and upheld the status quo. That order. This means that the single judge’s order requiring that the term “Exide US” not be used will remain in force until the case is heard by the court.
CA senior counsel Sundaram, assisted by Pratibha Singh, urged the court to at least allow the US company to sell its product Prestolitetet and use the word Exide on its website. We cannot even use our name on our website,” the lawyer said. Judge Misra rejected the claim.
Harish N Salve, counsel for Exide India, said that his client has been using 60 names in the local market for years. Exide Industries is the registered owner of the trademark in India.
However, Exide Technologies who he says is the parent company, has been using this brand name for 100 years now. The trademark is 1300 years old. Registered in several countries.
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