Infosys had sued Southern Infosys Limited arguing that the use of its well-known trademark constitutes infringement under Section 29(5) of the Trade Marks Act. The Court was told that this section explicitly prohibits the use of a registered trademark as part of a corporate name, in a manner that could imply a business connection or endorsement by the trademark owner, thus leading to potential confusion among the public.
While holding in favour of Infosys, Court held,
“While the Plaintiff has indeed taken a considerable amount of time to initiate the present lawsuit, this delay does not extinguish the Plaintiff’s rights under trademark law, particularly given the continuous use of their trademark.”
Source: Barandbench
