Much debate revolves around which should be treated as a
well-known mark, and which does not qualify for such “extended” protection. In a
case of its own kind, the Delhi High Court has let Microsoft enjoy the celebrated status of being “well-known” amongst
the public en masse.
The Plaintiff’s contentions that the company enjoys stellar
reputation across the world, and enjoys a market at a global level, boasting of
equally great volumes of usage have yielded in punitive damages being awarded
in an ex parte case. With heavy
investments having flown from the company into advertisements and brand
management, the brand name is now exclusively identified and associated with
the company.
The court relying on an earlier Supreme Court judgment in N R Dongre v. Whirlpool Corporation has
held that Microsoft is a “well-known” trade mark, and that no one else is
entitled to use the mark in a similar or
dissimilar business as the mark had come to acquire unique goodwill and
reputation.
The Court went on to hold that awarding punitive damages, is
an appropriate vehicle for deterring infringers from engaging in illegal trade practices
in their greed for business. The Court has awarded Rupees Two lakhs in terms of
compensatory damages, Rupees Three lakhs in the form of punitive damages and
another Fifty Thousand Rupees as costs to the suit.
With this, the brand name Microsoft joins the elite list of “well-known” marks, as maintained
by the Registrar of Trade Marks.
- Bagmisikha Puhan
