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Synopsis

The Bombay High Court has recently extended the interim relief granted to the retail company Trent Limited, which is a Tata-owned retail company, by directing unknown persons to not use the company’s trademark ‘Zudio’.

A single-judge bench of Justice RI Chagla passed an order on November 2 without hearing any of the defendants in the case, considering the urgency involved.

Trent Limited claimed that zudiofranchise.net and other defendants were using the company’s mark ‘Zudio’ for their services and were also using their domain name.

The bench, in its order, recorded that it was convinced that Trent Limited’s trademark/artistic work of ZUDIO is distinctive and has garnered enormous goodwill and reputation.

Trent Limited contended that the defendants were using the name, address, website address, and intellectual property rights of Trent to defraud the public by representing their false association with Trent, including impersonating Trent, luring the public with false offers of setting up Zudio Franchise and collecting money in the name of Trent.

It also claimed that the defendants cheated several individuals who had been defrauded for lakhs of rupees.

The high court, in its order, directed Tucows Domain Inc. to file an affidavit pointing out the details of the person who was using the domain name of Trent Limited.

The bench further directed Tucows Domain Inc. to suspend the domain name till the suit was finally decided.

The order dated 2nd November of the high court was to be effective till 18th December, but the bench was informed that the orders were not complied with, and therefore, the interim relief was extended till the next date of hearing.

Mr. Amey Nargolkar with Smriti Yadav and Parveen Anand i/b. Khaitan and Co. appeared for Trent Limited.

Case title: Trent Limited vs Zudiofranchise.net & Ors.