Asus Technology Pvt Ltd has been restrained by the Delhi High Court from selling and advertising mobile phones and accessories under the trademark ZEN, ZENFONE or any other identical trademark.
The Justice Manmohan order came on a plea filed Telecare Network seeking to restrain Asus from directly or indirectly selling, offering and advertising for sale mobile phones, accessories or any other related products or any other goods under the trademark ZEN, ZENFONE or identical trademarks.
The court ordered Asus not to sell any product which is identical or deceptively similar to the trademark ZEN and ZEN Mobile.
Telecare Network said that the marks ZEN and ZENMOBILE come under the Trade Marks Act, 1999, and has been continuously and extensively used by the company in their feature phones, smartphones, tablets and accessories since 2008.
The court said: "...the triple identity test is satisfied as the defendants (Asus) have made use of a deceptively similar/identical trademark (ZENFONE) in relation to identical goods (mobile phones) having identical trade channels."
"Consquently the defendants (Asus) having adopted a deceptively similar mark wherein the dominant part of the defendant's mark ZENFONE is the plaintiff's (Telecare) mark ZEN, for the same product i.e. mobile phones, shows prima facie that there is a likelihood of confusion and damage to the plaintiff's goodwill," it said.
Telecare Network has argued that Asus' mark was likely to cause confusion in the minds of the public that two were somehow associated and Asus acted with mala fide intent to ride upon its goodwill and reputation.
Countering this submission, Asus said that that there was no scope of confusion or deception in the minds of the consumers as the mark ZENFONE was coupled with its well-known registered house mark ASUS, thereby identifying the source and origin of their products.
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