SUMMARY
- It argued that use of the word Mentho Plus or Menthoplus by the Kenyan company was confusing and deceptive.
- The court heard that the trademarks of Emami Ltd (Emami Menthoplus and Emami Mentho Plus) were similar to the trademark known as Kaluma Mentho Plus.
An Indian company has lost an attempt to stop a Kenyan firm from using trademarks ‘Kaluma Mentho Plus and Mentho Plus’ on its products.
Emami Limted wanted the court to issue an order restraining Orange Pharma Limited from passing off, importing, manufacturing, selling, supplying, distributing or marketing any products bearing any trademarks known as Emami Menthoplus and Emami Mentho Plus.
It argued that use of the word Mentho Plus or Menthoplus by the Kenyan company was confusing and deceptive.
The court heard that the trademarks of Emami Ltd (Emami Menthoplus and Emami Mentho Plus) were similar to the trademark known as Kaluma Mentho Plus.
But justice David Majanja dismissed the case following a finding that Emami Limited upon registration of trademark ‘Emami Mentho Plus’, it had disclaimed the words Mentho and Plus.
Thus, the judge said, the Kenyan company was entitled to use the words Mentho and Plus in conjunction with Kaluma to describe its product as those words were disclaimed.
“A simple reading of the disclaimer shows that it was intended to bar the exclusive use of the words Mentho and Plus meaning that only Emami is to be used exclusively by the plaintiff and that only Kaluma is to be used exclusively by the defendant and not Mentho and Plus,” said Justice Majanja.
He therefore found that the Indian company does not have exclusive rights to the words Mentho and Plus. He said the Kenyan company is entitled to use those words.
He observed that Emami Menthoplus as a registered trademark comprises a single word (Menthoplus) which is different from the two words used distinctly.
Through its vice president- finance and business development, Chirag Sheth, Emami Ltd claimed that since 1987, it has been associated with the trade mark ‘Mentho Plus’ in India and around the world.
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