Anchor Health & Beauty Care Pvt. Ltd. v. Shivam Hygiene India Pvt. Ltd.
[2013 SCC Online Del 4468: (2014) 206 DLT 545: (2013) 56 PTC 441]
Forum: Hon’ble Justice Vipin Sanghi.
Coram: Hon’ble High Court of Delhi
Case No.: CS(OS) 2290/2006 and I.A. No. 13796/2006
Date of Decision: November 7, 2013.

Facts:

  • Plaintiff No.1, Anchor Health & Beauty Care Pvt. Ltd., and Plaintiff No.2, Anchor Kenwood Electricals, were part of the ANCHOR group of companies. Established in 1963 by Mr. Damji Lalji Shah and his brother, Mr. Jadavji Lalji Shah, the group began with the ANCHOR trademark and logo.
  • Over the past 45 years, the group expanded and was considered a true Indian multinational, offering a wide range of products.
  • The Shivam Hygiene India Pvt. Ltd (Defendant) was using the trademark ANCHOR, along with a device resembling that of the Plaintiffs, specifically concerning tea. The Defendant applied to register their mark "ANCHOR" on October 21, 2004, asserting usage since January 1, 1999.
  • The Plaintiff filed this suit seeking for permanent injunction to prevent the Defendant's use of the mark and logo, which was deemed to infringe upon the Plaintiff's registered trademarks and copyright, as well as constitute passing off, unfair competition and also request an account of profits/damages and the surrender of all materials bearing the impugned mark for destruction/erasure.

Main issue:

  1. Whether the Defendent infringed the trademark ''ANCHOR" of the Plaintiff?
  2. Whether the Court can grant injunctive relief in favour of the Plaintiff if the impugned mark is not on similar goods as that of the Plaintiff?