Taxi cos can't use 'JioCabs' name: HC
MUMBAI, Oct. 11 -- The Bombay High Court has temporarily restrained two taxi operators in Delhi and Dehradun from using the brand name JioCabs or any other name similar to JIO, a trademark owned by Reliance Industries Limited (RIL).
In an interim order passed on October 7, the court observed that the Mumbai-headquartered conglomerate has made out a strong, prima facie case of trademark and copyright infringement against the taxi operators.
Justice Somasekhar Sundaresan, who granted the interim protection, said that the defendants' continued use of the "well-known and protected brand name" would cause a "grave injury" to RIL.
The order was passed in a commercial intellectual property suit filed by RIL against Asif Ahmed, who registered the domain name jiocabs.com; Usman, the proprietor of Doon Taxi Service (DTS); and PDR Solutions LLC, the registrar of the domain name.
RIL's counsel, advocate Vinod A Bhagat, argued that the defendants were operating taxi services in Dehradun and Delhi under the name JioCabs, and had registered a website whose name and logo were deceptively similar to the conglomerate's well-known JIO brand.
RIL produced material demonstrating that the JioCabs logo was almost identical to its registered artistic work. The company also submitted trademark registration certificates to show that it had first registered "JIO" in 2011 under Class 9 (digital goods), and then subsequently under multiple other classes, including Class 39, which covers transportation and travel-related services. The label version of the JIO mark, registered in 2013, is valid until January 2033.
Justice Sundaresan noted that the Bombay High Court has already recognised JIO as a well-known trademark in earlier cases. He observed that RIL had shown evidence of extensive use of the mark since its adoption in 2016 for its digital and telecommunications services and had registrations across 14 different classes.
Although RIL informed the court that the defendants had since changed the content of their website after receiving a legal notice, the domain name jiocabs.com remained active, it said....
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