Imagine building your brand around your personal name, only to face a legal challenge from an established company with a similar trademark. This was the issue before the Delhi High Court, where Vasundhra Jewellers Pvt. Ltd. sought an interim injunction to stop Vasundhara Fashion Jewellery LLP from using the name ‘VASUNDHARA’.
Both companies operate in the jewellery sector, setting the stage for a critical battle over brand identity, personal names, and the limits of trademark protection.
The Court’s ruling provides a clear masterclass on the “own name” defence:
● Bona Fide Use: The defendant’s mark, ‘VASUNDHARA’, came from its founder, Vasundhara Mantri. The Court affirmed that under Section 35 of the Trade Marks Act, such bona fide use of one’s own name is a valid defence.
● Prior Use is Key: While the plaintiff had an earlier registration, the defendant proved a longer history of use. The Court prioritized this prior use, noting the brand had been in the market through a predecessor since 2001 and the current entity since 2005.
● Delay and Acquiescence: The plaintiff was aware of the defendant’s business for over a decade before filing suit. The Court ruled this long delay (17 years) amounted to acquiescence, which was fatal to their plea for an interim injunction.
● No Deceptive Similarity: The plaintiff had previously argued before the Trade Marks Registry that the two marks were not deceptively similar to secure their own registration. The Court held them to this statement, preventing them from now claiming the opposite.
The Delhi High Court dismissed the appeal and refused to grant an interim injunction, allowing Vasundhara Fashion Jewellery LLP to continue using its founder’s name for their business.
● Honest use of your own name is protected.
● Act fast if you see infringement—delays weaken your case.
● Stay consistent: what you claim at the Registry can be used in court.
● Keep proof of long, continuous use..
Case Name: Vasundhra Jewellers Pvt. Ltd. v. Vasundhara Fashion Jewellery LLP
Mark at Issue: ‘VASUNDHRA’ vs. ‘VASUNDHARA’
Court & Judge: Delhi High Court; Bench of Vibhu Bakhru, J. and Amit Mahajan, J.
Date of Judgment: 19 July, 2023
Result: Appeal dismissed; the request for an interim injunction was denied.
In the court of trademarks, using your own name honestly gives you a powerful right that even a registered mark may not be able to defeat.
This article is provided for informational purposes only and is not intended as legal advice. Legal Terminus is not responsible for any changes in laws or regulations that occur after the publication date of this article. For specific legal advice, please consult with a qualified attorney.
Regards
CS Shipra Mishra
(B. Com, LL.B, FCS, Insolvency Professional, Registered TM Agent)
