Whitehat Sr. Deceptively Similar To Whitehat Jr.- Delhi HC Restrains Individual To Use Infringed Mark For Online Marketing Services
The Delhi High Court recognized that an ed-tech startup brand using the trademark 'Whitehat Jr.' has gained a significant reputation through its frequent use in a short span of time. The Court held that Defendants cannot be permitted from using the contested trademark 'Whitehat Sr.' in any way, whether it be in the physical or online form.
The Bench of Justice Prathiba M. Singh observed that “The mark ‘WHITEHAT JR’ is a registered trademark which has acquired enormous reputation owing to the extensive use which has been done over a short period of time. The impugned mark of the Defendant is ‘WHITEHAT SR’, which is almost identical to the Plaintiff’s mark. In fact, the writing style of the letter ‘W’ is also identical to the Plaintiff’s writing style. The mark is a registered trademark of the Plaintiff”.
“Considering these facts, the Defendant cannot be permitted to use the impugned mark ‘WHITEHAT SR’ either in physical or in online platforms in any manner whatsoever. The application under Order XIII-A CPC has attached the correspondence with the Defendant which also shows that the Defendant is not interested in contesting the matter”, the Court emphasised.
Advocate Prithvi Singh appeared on behalf of the Plaintiff.
In this case, the Plaintiff, an ed-tech startup company filed a suit against Defendant for alleged infringement of their registered trademark ‘Whitehat Jr.’ in multiple categories. Defendant operated an online and digital marketing company and had set up a website with the URL “www.whitehatsr.in” and a logo. Plaintiff contended that Defendant's logo was structurally similar and was designed to deceive customers. Thereafter Plaintiff filed a suit seeking an injunction, which was granted by the Court. Defendant did not appear in Court and stated in an email that they had stopped using the mark and that the said website was no longer operational. Plaintiff, therefore, filed an Application seeking summary judgement under Order XIII-A of the Code of Civil Procedure (CPC).
The Court asserted, “Due to the fact that the Defendant has not contested the matter, but compelled the Plaintiff to file the present suit, by not agreeing to give up the infringing mark, despite being put to notice, the Plaintiff is entitled to receive actual costs”.
The Court directed GoDaddy.com to transfer the domain name ‘www.whitehatsr.in’ to Plaintiff upon payment requisite charged, if any.
Accordingly, the Court granted the Decree in favor of the Plaintiff for a sum of Rs.9,24,000/-.
Cause Title: Whitehat Education Technology Private Limited v. Vinay Kumar Singh