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In 2013, ‘Aqua Mobiles’ moved the High Court against ‘Intex’ alleging that the handset brand of its rival has created confusion among customers due to the identical trademark and had sought interim injunction on the sale of the products of Intex.
The interim relief was granted as the plaintiffs/applicants, having established a strong prima facie case for priority showing prior use and goodwill in the mark ‘Aqua’.
The Order will come into force after two weeks, starting December 24, to enable ‘Intex’ dispose of their current stocks.
Defendant argued that they had spent a sum of Rs 27 crore on commercials to promote the brand in question and had also hired a Bollywood actor. However, court rejected all the contentions and granted the interim relief.