ITC Limited (ITC) and Arpita Agro Products Pvt Ltd (Arpita Agro) are in a trademark dispute over ITC’s registered trademarks “NIMYLE” and “JOR-POWR”. In 2018, ITC bought the trademarks from Arpita Agro, but Arpita Agro claimed it continued to use the marks without permission. The dispute centers around Arpita Agro’s use of a deceptively similar mark “POWRNYM” which ITC claims is an infringement. The High Court of Delhi granted an ex-parte ad interim injunction against Arpita Agro, ordering it to propose new product names.
The court found that “POWRNYM” was phonetically and visually similar to ITC’s trademarks, and Arpita Agro’s use of the mark was an attempt to pass off its goods as those of ITC. The court also found that Arpita Agro breached its contractual obligations by using a similar mark, despite having sold the trademarks to ITC. The court granted an interim injunction, restraining Arpita Agro from using the “POWRNYM” mark and any other mark deceptively similar to “NIMYLE” and “JOR-POWR” until the final disposal of the suit. This case highlights the importance of valuing trademark rights and the consequences of breaching contractual obligations regarding intellectual property.