CASE BRIEF

CASE NAME AND CASE LAW:

Superon Schweisstechnik India vs Modi Hitech India Ltd. [CS
(COMM) No. 750/2018]
FACTS:
The Plaintiff, Superon Schweisstechnik India was operating a
business geared to the repair and reclamation of welding
electrodes. The company’s umbrella trademark was SUPERON,
along with the company used the term “VAC PAC” for electrodes
that are vacuum packaged. The Defendant, Modi Hitech India Ltd.
Used the trademark GMM/arc for its products and also used the
term “VAC PAC” with its trademark to indicate that its electrodes
were vacuum packaged. The plaintiff argued that “VAC PAC” was
coined by them and term belonged to their company.
ISSUES:
Whether the Plaintiff’s claim that the Defendant used the word
VAC PAC and SUPERON infringed the Plaintiff’s work?
JUDGEMENT:
The Delhi High Court on 2 April, 2018 by its single bench of
Valmiki J. Mehta, J. observed that the term “VAC PAC” was
merely an indication of the packaging style i.e. vacuum packaged.
Moreover, such vacuum packaging was crucial for the welding
electrodes to sustain a long life. Considering these facts, the court
ruled in favour of the defendant. The court also further ordered
costs of litigation incurred by defendant to be reimbursed by the
plaintiff.