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Triple Identity Test and Grant of Interim Injunction in the Hammer of Thor Trademark Infringement Case

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 recourse.

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 herein.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539

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