The Division Bench of the Delhi High Court recently dismissed the appeal filed by Star Smith Export Private Limited and upheld the interim injunction granted in favour of A. O. Smith Corporation in a trademark infringement dispute. The dispute concerned the defendants’ use of the mark “STAR SMITH” in relation to products such as geysers, water heaters and purification systems. The plaintiffs contended that the impugned mark was deceptively similar to their well-known and registered trademark “AO SMITH.” The Court observed that “SMITH” constituted the dominant element of the competing marks, and considering the identical nature of goods, overlapping trade channels and the likelihood of consumer confusion, the use of the mark “STAR SMITH” was likely to mislead consumers. The Court also took note of the plaintiffs’ prior use and established reputation in India, which predated the defendants’ adoption of the impugned mark.

Accordingly, the appeal was dismissed and the defendants were restrained from using “STAR SMITH” as a trademark, corporate name or domain name. The Court further directed the defendants to change their corporate name and domain name within the timelines prescribed by the Court. RNA Technology and IP Attorneys represented A.O. Smith Corporation in this matter.