Sony Corporation v. K. Selvamurthy
The case involves a trademark infringement suit filed by Sony Corporation against M/s. Sony Tours and Travels, an Indian transportation and car rental business. Sony Corporation, a Japanese company, claimed that the defendant's use of the name "Sony" diluted and infringed upon their well-known trademark. However, the District Court ruled in favor of the defendant, stating that there was no trademark infringement or dilution as the businesses operated in distinct sectors. The Court also noted the plaintiff's inordinate delay in filing the suit and awarded costs to the defendant.
Sony Corporation v. K. Selvamurthy
Com. O.S. No. 8464/2018
Decided on 18/06/2021
FACTS OF THE CASE
The plaintiff in this case is a company called Sony, which is based in Japan and holds the registered trademark for the name Sony. The company owns and uses this trademark in around 193 jurisdictions worldwide, and it is also listed as a well-known trademark by the Indian Trademark Registry. The defendant in this case is an Indian national who runs a transportation and car rental business called M/s. Sony Tours and Travels operates exclusively in the Bengaluru district of India. Sony Corporation has filed a trademark infringement suit against the defendant, claiming that they have diluted and infringed upon Sony's well-known trademark with their business activities.
SUBMISSIONS ON BEHALF OF THE PLAINTIFF
The corporation filing the lawsuit mentions that they hold registrations for their Sony trademark in India. According to clause 39, the trademark Sony is also registered for transportation, packaging, storage of goods, and travel arrangements based on their application dated 6.10.2003. The plaintiff's trademark has been renewed from time to time. They also state that, due to the registrations and the well-known character of their trademark, they have the exclusive right to use it in India and worldwide. The plaintiff is seeking an order of permanent injunction to prevent the defendant from using the mark Sony or any other domain name that is deceptively similar to the plaintiff's well-known Sony trademark. Additionally, the plaintiff is seeking damages of Rs.10,00,000/- and requesting that the defendant voluntarily withdraw/cancel any trademark or copyright application filed for any mark similar to the plaintiff's trademark Sony and refrain from seeking any such further registrations.
SUBMISSIONS ON BEHALF OF THE DEFENDANT
The defendant argues that the name Sony is actually a nickname for his wife, Smt. Kavitha, and that it has its origins in India. In Tamil and Telugu languages, Sony means beauty and is a female name according to Vedic astrology. The defendant has been operating his business, Sony Tours and Travels, for the past 27 years, and it only serves areas close to Ulsoor in Bengaluru. The defendant believes that his business name does not cause any confusion among consumers, as his services are completely different from those of the plaintiff. The defendant believes that the plaintiff is trying to monopolize the name "Sony" by filing this suit, which is inordinately delayed by 25 years, making it time-barred under the law of limitation and amounts to a waiver of their right. Therefore, the defendant requests the dismissal of the case and seeks exemplary costs.
COURT’S JUDGEMENT
The District Court analysed the facts presented before it and concluded that the defendant did not take unfair advantage of, infringe, or cause any harm to the distinctive character or reputation of the plaintiff's Sony mark. The Court arrived at this conclusion because Sony Corporation's business is limited to electronics and media, which can be differentiated from the defendant's tours and travel business. Given these circumstances, it is impossible for an ordinary person to associate the electronic goods business with the travel business. The Court also noted that the plaintiff was attempting to establish a monopoly over the name Sony. Therefore, the Court dismissed the suit filed by the plaintiff seeking permanent injunction and other consequential reliefs. The Court took into account the plaintiff's inordinate delay in approaching the Court and awarded the defendants Rs. 25,000/- as costs.
COURT ANALYSIS
The District Court held that M/s. Sony Tours and Travels did not engage in trademark infringement or dilution of Sony Corporation's trademark. The Court noted the clear distinction between the two businesses and rejected the plaintiff's claim. The Court also highlighted the plaintiff's inordinate delay in approaching the court, which was deemed a significant factor. The plaintiff's request for a permanent injunction and other reliefs were dismissed, and costs of Rs. 25,000/- were awarded to the defendant.
