Chinese firm can’t sell products under Indian jewellery brand nameUpdated: Dec 06, 2019 01:13 IST
In a relief to famous jewellery brand ORRA, the Bombay high court (HC) through a temporary injunction, restrained a Chinese company and its agent in India from selling jewellery under the litigant’s brand name.
The order was passed last month, after ORRA Fine Jewellery Private Limited filed a suit against the owners of a website – orra-jewels.com – as the latter was using the registered trademark ‘ORRA’ to sell its jewellery, which the petitioner said was an act of infringement and constituted passing off its goods as those of the established brand.
The bench of justice SC Gupte, while hearing the intellectual property suit filed by ORRA Fine Jewellery Private Limited, was informed by advocate Jay Vakil and counsel Nausher Kohli that the brand promoted by Russell Arunbhai Mehta of Rosy Blue diamonds discovered in August that the website was using the brand name “ORRA” and hence it approached HC.
When the website’s representative was questioned on the allegations, he said the website was only a delivery agent of a Chinese firm, which owned the website and manufactured jewellery using the ORRA brand.
After hearing the case, HC directed the Chinese firm to file an affidavit in reply to the petition and restrained it and its agent from selling jewellery using the same or similar trademark.