“The defendant is directed…to forthwith communicate with all ecommerce platforms on which the products bearing the impugned trade marks are being sold, to cease sale of such products on the ecommerce platforms and to place the said communication on record,” the Delhi High Court said in its order.
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Mumbai-based Sugar Watchers sells products such as rice and flour with a low glycemic index (GI), which are meant for consumers who need to keep their blood sugar levels under control.
KRBL Ltd earlier sold its low GI products under the “Weight Watchers” sub-brand of India Gate, but changed the brand name to “Sugar Watchers” earlier this year, following which it was taken to court for trademark copyright infringement.
Talking to ET, Arvind Sharma, founder of Sugar Watchers parent company Good Brands For A Health Life Pvt Ltd, said, “This judgement is not only a victory for Sugar Watchers but also a big thumbs up to the burgeoning startup ecosystem in India. It reaffirms the principle that innovative ideas and determined entrepreneurs can prevail, even against industry giants, in the pursuit of justice and intellectual property protection”.
In May this year, Sugar Watchers had raised Rs 3.6 crore from Ah Ventures, Chennai Angels, Mumbai Angels and others.
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During the proceedings of the case on August 11, Justice C Hari Shankar had said that while prima facie, there was a case of infringement from use of the “Sugar Watchers” trademark, the allegation of copyright infringement would require “detailed examination”. The court has referred the matter to the Joint Registrar (Judicial) to hear the pleadings, following which it will take the matter up.
The next hearing by the Delhi High Court is expected on December 8. Responding to queries sent by ET on the matter, KRBL Ltd said, “We are presently reviewing the order on Sugar Watchers. Our legal options remain open and due recourse will be taken within the confines of law. We are not in a position to make any further disclosures at this point in this matter”.