The recent legal proceedings in the matter of the "Hammer of Thor" trademark
infringement case highlight the significance of the Triple Identity Test in
granting interim injunctions. The Plaintiff, claiming prior adoption and
trademark registration since 2013, filed a suit against the Defendants who used
an identical trademark for food supplement capsules. The Hon'ble High Court of
Delhi, drawing upon the precedent set in Ahmed Oomerbhoy v. Gautam Tank (2007
SCC OnLine Del 1685), employed the Triple Identity Test to establish the
infringement and subsequently granted an interim injunction.
Background and Legal Basis:
The Plaintiff's case rested on the prior adoption and usage of the trademark
"HAMMER OF THOR" in the context of ayurvedic capsules and gels. The Plaintiff
asserted trademark registrations in class 03, 05, and 35 since 2013, and a
copyright registration since 2019. The Defendants were accused of using an
identical mark for food supplement capsules, leading the Plaintiff to seek legal
The Triple Identity Test:
As established in the Ahmed Oomerbhoy case, involves examining the similarity of
the marks, the identity of the goods or services, and the likelihood of
confusion in the minds of consumers. In the present case, the court applied this
test to determine whether the Defendants' use of the identical mark would lead
to confusion among customers.
Application of the Triple Identity Test:
The court observed that the Defendants had adopted an identical mark to that of
the Plaintiff's "HAMMER OF THOR" in the same field of business. The court
emphasized that this action was an attempt by the Defendants to benefit from the
Plaintiff's established goodwill and reputation. Drawing parallels with the
Ahmed Oomerbhoy case, where a similar mark ("Super Postman") was considered
infringing due to its similarity, common goods, and shared trade area, the court
found that the Triple Identity Test was satisfied in the current scenario.
Grant of Interim Injunction:
Upon establishing the Triple Identity, the court concluded that the Defendants'
adoption of an identical mark would likely cause confusion among consumers.
Recognizing the potential harm to the Plaintiff's goodwill, the Hon'ble High
Court of Delhi exercised its discretionary power and granted an interim
injunction against the Defendants. This injunction serves as a provisional
measure to prevent further harm to the Plaintiff's interests until a final
decision is reached in the lawsuit.
The concluding Note:
The "Hammer of Thor" trademark infringement case exemplifies the courts'
reliance on the Triple Identity Test in cases of alleged trademark infringement.
The decision to grant an interim injunction underscores the importance of
protecting established goodwill and reputation in the marketplace.
The Case Law Discussed:
Case Title: Anurag Saxena Trading as unique International Vs Ravi Saini
Date of Judgement/Order:04.12.2023
Case No. CS Comm 866 of 2023
Neutral Citation No:NA
Name of Hon'ble Court: Delhi High Court
Name of Hon'ble Judge: Prathiba M Singh HJ
Ideas, thoughts, views, information, discussions and interpretation expressed
herein are being shared in the public Interest. Readers' discretion is advised
as these are subject to my subjectivity and may contain human errors in
perception, interpretation and presentation of the fact and issue involved
Written By: Advocate Ajay Amitabh Suman
, IP Adjutor - Patent and
Email: [email protected]
, Ph no: 9990389539