Ecommerce major Flipkart has been restrained by a Delhi court from using the brand MarQ until February 5, after a Delhi-based appliances maker Marc Enterprises filed a suit against the ecommerce major alleging that the brand was similar to its own, which is in violation of its trademark registered in 1984.
First reported by Economic Times, it quotes Chandra Shekhar, additional district judge at Patiala House Courts as saying in the ruling that there is phonetic similarity between the trademark Marc of the plaintiff and trademark MarQ of the defendant.
When contacted, a Flipkart spokesperson told The News Minute in an emailed response that it does not wish to comment on the merits since the filed suit is sub-judice. â€śHowever, all trademarks including MarQ, adopted by Flipkart are distinctive and do not impinge on the rights of any third party. Flipkart India will be taking all steps under law to protect its rights,â€ť it added.
In restraining Flipkart from using MarQ until the next hearing, which is scheduled on February 5, the judge said that the balance of convenience and irreparable loss are in favour of Marc Enterprises and against Flipkart.
Marc Enterprises claims in its petition that Flipkart is using the brand name MarQ dishonestly, fraudulently and out of positive greed.
Marc also sells home appliances such as fans, coolers, water heaters, among others.
As per the ET report, Flipkartâ€™s lawyers argued that the both names are not deceptively similar as they are even spelt differently. Flipkart has applied to register MarQ as a trademark. The company has already lined up products worth crores of rupees under this brand, which would lead to clients suffering losses, the lawyers said, adding that Flipkart has already sold TVs, ACs, washing machines and other appliances worth Rs 9 crore.
Launched in October 2017, MarQ is Flipkartâ€™s label for large appliances such as televisions and air conditioners. The company plans on expanding this to about eight categories, including washing machines.
A Flipkart spokesperson told TNM in an earlier interaction that it sees great potential in MarQ considering Flipkart has a dedicated supply chain for large appliances, thanks to which it can crack the code in the category, giving the ecommerce major an added advantage.