A Single Judge of the Delhi High Court has refused to restrain Myntra from using the trademark X along with its HRX.
Relaxo had filed the Trade Mark Infringement Suit against Myntra to restrain it from using the mark along with its HRX products. Relaxo made the submissions that since it is the registered proprietor of the mark X, use of the mark X by Myntra will cause infringement of its trade mark. In response to the same, Myntra submitted that Relaxo has no exclusive right on the alphabet “X” and at the most if Relaxo may claim any right that is on the specific artistic work on its mark, which is not similar to Myntra mark X. Myntra also submitted that the mark HRX has been derived from the first letters of “Hrithik Roshan” and the X stands for “Xtreme”. It was also submitted that since Myntra has been using the trade mark along with the trade mark , there will be no scope of confusion.
Delhi High Court after considering the submissions of both the parties, observed that since there will be no scope of confusion between both the products, no Injunction should be granted to Relaxo. The High Court also noted the fact that there are already various “X” trade marks which are co-existed with Relaxo in the market, hence Relaxo cannot claim any exclusive right over the same. Keeping in mind the above, the High Court dismissed the interim injunction application filed by Relaxo.
Myntra was represented by Mr C M Lal, Senior Advocate along with the team of Khaitan & Co, led by Mr Ankur Sangal, Partner and comprising Ms Pragya Mishra, Principal Associate and Mr Shaurya Pandey, Associate.
Relaxo was represented by Mr Saif Khan, Mr Shobhit Agarwal and Mr Prajjwal Kushwaha, Advocates from Anand and Anand.
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