Dispute over 'Atlas' brand reaches SC
The bench refused to give interim relief to Atlas Products Pvt Ltd and said the matter would be taken up on Aug 27.
By PTI |
NEW DELHI: The Supreme Court has refused to stay a Delhi High Court order that restrained bicycle maker Atlas Products Pvt Ltd from using 'Atlas' as a part of its corporate or trade name.
A bench headed by Chief Justice K G Balakrishnan refused to give any interim relief to the company and said the matter would be taken up on August 27.
The High Court had restrained Arun Kapur and his company Atlas Products Pvt Ltd from using the word 'Atlas' in their corporate name or tradename for bicycles and bicycles parts.
The High Court had passed the order on a petition filed by bicycle manufacturer Atlas Cycles (Haryana) Ltd to restrain Atlas Products from using trade mark 'House of Atlas'.
Senior counsel C A Sundram, appearing for Atlas Products, has submitted that the restraint order would hurt its business and it could not be compensated in monetary terms.
Stating that the company was managed by members of the Kapur family (also known as the Atlas group) and was within the knowledge of Atlas Cycles (Haryana), the petitioner said the MoU entered between Atlas family members provided that all the three groups, comprising three brothers and their sons and grandsons, would be allowed to use the name Atlas.
Submitting that Atlas Cycles (Haryana) had never taken any action against other group companies, it said Sanjay Kapur was selling tricycles and strollers walkers under Atlas Global Pvt Ltd, while Salil Kapur had started Atlas Pet Plas which sells packaged mineral water.
According to the petition filed through counsel Vijaya Lakshmi Menon, Atlas Products had changed its trademark to 'Premium Gold after being restrained from using the name 'House of Atlas.'
A bench headed by Chief Justice K G Balakrishnan refused to give any interim relief to the company and said the matter would be taken up on August 27.
The High Court had restrained Arun Kapur and his company Atlas Products Pvt Ltd from using the word 'Atlas' in their corporate name or tradename for bicycles and bicycles parts.
The High Court had passed the order on a petition filed by bicycle manufacturer Atlas Cycles (Haryana) Ltd to restrain Atlas Products from using trade mark 'House of Atlas'.
Senior counsel C A Sundram, appearing for Atlas Products, has submitted that the restraint order would hurt its business and it could not be compensated in monetary terms.
Stating that the company was managed by members of the Kapur family (also known as the Atlas group) and was within the knowledge of Atlas Cycles (Haryana), the petitioner said the MoU entered between Atlas family members provided that all the three groups, comprising three brothers and their sons and grandsons, would be allowed to use the name Atlas.
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Submitting that Atlas Cycles (Haryana) had never taken any action against other group companies, it said Sanjay Kapur was selling tricycles and strollers walkers under Atlas Global Pvt Ltd, while Salil Kapur had started Atlas Pet Plas which sells packaged mineral water.
According to the petition filed through counsel Vijaya Lakshmi Menon, Atlas Products had changed its trademark to 'Premium Gold after being restrained from using the name 'House of Atlas.'
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