HC bars DB Power from using 'Chloride' tag

The Delhi High Court has restrained Pune-based D B Power Electronics and UK-based Chloride Group Plc from manufacturing, selling and advertising their UPS systems and power solutions equipment under the trademark 'Chloride'.

While issuing summons to both the defendants on a petition filed by automotive and industrial batteries major Exide Industries Ltd (earlier Chloride Industries Ltd), Justice Reva Khetrapal fixed the next date of hearing on September 4.

According to the court, it was a fit case for grant of ex parte ad-interim injunction as after the perusal of the sale agreement dated January 3, 1991 and the letter of assignment dated April 15, 1992 between Chloride Industries Ltd and Chloride Group Plc, it was clear that the goodwill in respect of the goods having trade mark Chloride was assigned and transferred in 1992 to Exide, which later got the mark registered in its name.

The trademark had been in existence since 1942 and in use by Exide since 1992, it observed Exide had sought a restraint on D B Power Electronics and Chloride Group from using the mark Chloride whether in isolation or in combination with other words for goods or other commercial operations.