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India – “URZAA” vs “URJA”.

4 December, 2014

 

Legal News & Analysis – Asia Pacific  India – Intellectual Property

 

Kutwal Foods Pvt Ltd, a Pune based company, has filed a civil suit against Parle Bisleri in the Pune District and Sessions Court for infringement of its trademark ‘Urja’.
The Court after admitting the petition has fixed the next hearing on December 11. Kutwal Foods is manufacturer of processed milk, milk products, soft drinks, fruit juices and packaged drinking water since 2000. 
ParleBisleri, in August this year, had launched an energy drink which is a sweetened carbonated beverage with the brand name ‘Urzza’ and also applied for its registration as a trademark under class 32 in December 2013. The petitioner, Kutwal Foods claimed that ‘Urzza’ is infringing upon its mark ‘Urja’, which has been registered in India since 2004 in the same class.
Kutwal Foods believes that the adoption and use of said mark is to deceive the public as the marks are structurally, visually and phonetically similar to each other. It is further pleaded that such use would cause confusion amongst the members of the aerated industry and public in general with regard to the source and is also likely to create false association of Kutwal Foods with Parle thereby hampering its goodwill and reputation in the market.

 

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