Marico files trademark suit against Grasim
Marico has filed a trademark infringement suit against Aditya Birla group company Grasim Industries for infringing on its Kaya Skin Care brand and launching skin wipes under a similar-sounding brand, Kara.
By Kiran Kabtta Somvanshi, ET Bureau |
ET Intelligence Group
Beauty may be skin deep, but brands aren���t. Personal products company Marico has filed a trademark infringement suit against Aditya Birla group company Grasim Industries for infringing on its Kaya Skin Care brand and launching skin wipes under a similar-sounding brand, Kara.
Marico had launched Kaya Skin Clinics in India in 2002, while Grasim���s viscose staple fibre division launched Kara Skin Wipes in August 2007. Marico markets well-known brands like Parachute and Saffola, and has recently launched several products in the beauty and wellness categories.
���Since the brand Kara is an infringement of our trademark Kaya, we filed a case against Grasim in the Delhi High Court in February,��� Rakesh Pandey, CEO of Kaya Skin Clinic business, said. Marico has also opposed the registration of Kara in the trademarks registry. ���We believe both products have different applications,��� said MR Prasanna, legal head of the Aditya Birla group. Grasim says that Kaya Skin Wipes are consumed in-house by Kaya Skin Clinics, while Kara Skin Wipes are sold at retail outlets.
The company is yet to file a written statement in the court for the hearing scheduled for July 8. In the absence of a stay or injunction, Grasim continues to advertise and promote its Kara Skin Wipes. According to Section 29 of the Trademarks Act, 1999, a registered trademark is infringed if used in the course of trade by a person other than the registered proprietor or permitted user of a trademark.
The infringement occurs because such a mark used by the other entity is likely to confuse the public. It can also occur because of similarity of such a mark to the registered trademark and the identity or similarity of goods or services covered by such registered trademarks.
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