In a recent legal development, the Delhi High Court has issued an interim order prohibiting Southern Infosys Limited from utilizing the trademark ‘INFOSYS’ in any capacity. The ruling came in response to a lawsuit filed by Infosys Limited citing trademark infringement.
Justice Sanjeev Narula, presiding over the case, underscored that the term ‘INFOSYS’ holds significant association with Infosys Limited, dismissing claims that it merely stands as a generic abbreviation for ‘information systems’. The court emphasized that ‘INFOSYS’ has acquired a distinct secondary meaning directly linked to the plaintiff, reinforcing its trademark protection.
The court’s decision mandates Southern Infosys Limited to cease all usage of ‘INFOSYS’ within four months, directing a transition to a non-infringing trade or corporate name. This measure aims to prevent consumer confusion and preserve the commercial integrity of Infosys Limited’s trademark.
Advocates representing Infosys Limited argued that the defendant’s use of ‘INFOSYS’ violated provisions under Section 29(5) of the Trade Marks Act, which safeguards against misleading implications of business connections or endorsements.
Despite acknowledging a delay in legal action by Infosys Limited, the court affirmed that this did not diminish their established trademark rights, given the continuous usage and recognition of ‘INFOSYS’ in the market.
This ruling underscores the court’s commitment to protecting established trademarks from unauthorized use that could dilute their distinctiveness and commercial value.
