In an ex-parte order, Justice Bharati Dangre noticed a prima facie case in favour of Atyati Applied sciences, stating that the stability of comfort additionally favours the plaintiff. The courtroom’s determination, dated March 19 and uploaded on April 10, mandates Cognizant to chorus from utilising the trademark emblem in India till additional orders.
Highlighting Atyati Applied sciences’ argument, the courtroom famous that final October, the corporate found Cognizant’s provision of practically an identical companies associated to IT infrastructure, software program growth for banking and monetary companies, and consulting companies beneath a mark/emblem bearing hanging resemblance to its personal. Advocates Hiren Kamod and Nishad Nadkarni of Khaitan & Co represented Atyati Applied sciences within the case.
Atyati Applied sciences claimed that its emblem, that includes an orange-colored hexagonal honeycomb/hive system symbolising collaboration, compassion and affect, had been in use since early 2019. The corporate careworn the importance of its emblem’s design parts, asserting that they embody the organisation’s motto and values in its enterprise actions.
Absence of justification
The courtroom additionally famous the absence of justification from Cognizant relating to the adoption of a emblem intently resembling that of Atyati Applied sciences. It discovered that Cognizant’s use of the same mark/emblem may probably result in confusion among the many public and inside the commerce group relating to any affiliation between the 2 entities.
In its ruling, the Bombay Excessive Court docket acknowledged that Atyati Applied sciences had established a robust case, asserting that Cognizant’s use of the impugned mark/emblem, prominently that includes the mark/emblem as its main and important function, is nearly an identical and/or deceptively just like Atyati’s registered marks.
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