Delhi HC Grants Interim Injunction To Eveready Industries Against Use Of The Trademark “EveryDay”

Delhi High Court recently granted an interim injunction to Eveready Industries against the use of the trade mark “EveryDay” for kitchen appliances.

Eveready Industries filed a trade mark and copyright infringement suit before the Delhi High Court against an entity KSC Industries to restrain it from using the trade mark “EveryDay” for kitchen appliances including kitchen lighters.

Eveready Industries was founded in the year 1905 and is engaged in the business of batteries, flashlights, and various other lighting products under the trade mark “EVEREADY”.  Eveready argued that the adoption of the trade mark “EveryDay” by the Defendants is completely with the mala fide intent to deceive the consumer and pass off its goods as of Eveready. Eveready also argued that the trade dress adopted by the Defendant is also completely similar to Eveready’s trade dress.  

The Hon’ble Court after hearing the submissions on the matter restrained the Defendant from using the trade mark “EveryDay” and its trade dress or any other identical to or deceptively mark.

Eveready was represented by Mr Ankur Sangal, Partner, Khaitan & Co with the assistance of Ms Sucheta Roy, Principal Associate and Ms Nidhi Pathak, Associate.