Reliance Industries wins exclusive rights over ‘Vimal’ trademark in a Gujarat High Court battle
In a significant intellectual property decision, a court has sided with Indian conglomerate Reliance Industries (RIL), barring Ludhiana-based Jaipal Gaba and his company, Mack Hosiery, from using the well-known 'Vimal' trademark on their clothing products. The ruling affirms RIL's exclusive rights to the 'Vimal' brand name.
The Gujarat High Court recently upheld an earlier order from a Commercial Court in Ahmedabad, which had prohibited Jaipal Gaba and Mack Hosiery from selling apparel under the brand names 'Vimal,' 'Vimal Jonney,' and 'Mack Vimal.' This legal action followed a lawsuit filed by RIL alleging trademark infringement.
RIL initiated the lawsuit in 2021, asserting its exclusive ownership of the 'Vimal' trademark. The company stated that it has actively used the brand since 1967 and has it registered under Class 24, which covers textiles and textile goods. RIL emphasized the substantial investments made over the decades to build the 'Vimal' brand's reputation, including high-profile endorsements by major film and cricket celebrities.
The complaint detailed how Jaipal Gaba and Mack Hosiery, who sell their products through various online platforms, were prominently using the 'Vimal' trademark on similar goods such as apparel, ready-made garments, T-shirts, and shirts. RIL also pointed out that Gaba’s products used the ‘Reliance’ name alongside ‘Vimal,’ further compounding the trademark infringement issue.
In his defense, Gaba challenged the court's jurisdiction, arguing that the Ahmedabad court lacked authority since his business primarily operates in Punjab and other states. Gaba claimed his rights to the 'Vimal' brand stemmed from a separate registration under Class 25 (covering clothing, footwear, and headgear) by Milap Hosiery, with records dating back to 1976. He presented an assignment deed from 1986 that supposedly transferred usage rights to him and noted registrations for 'Vmark,' 'Vimal Jonney,' and 'Mack Vimal' between 2016 and 2018, supported by user details from 1993.
Following an initial hearing, the court observed that while RIL’s and Gaba’s products fall under different trademark classifications, they are commonly sold in the same retail environments and are closely related in the eyes of consumers. Given RIL’s long-established use and strong brand recognition, the court determined RIL to be the prior user of the 'Vimal' trademark.
The court further reasoned that the similarity between the brand names could lead to consumer confusion, especially considering RIL’s significant nationwide brand visibility, while Gaba’s market presence is more limited. The court stated that RIL had presented a prima facie case for passing off under the Trademarks Act, finding that Gaba’s use of ‘Vimal,’ ‘Mack Vimal,’ and ‘Vimal Jonney’ was misleading and infringed upon RIL’s established goodwill.
Subsequently, the Gujarat High Court upheld the commercial court’s injunction, reinforcing RIL’s trademark protection for its iconic ‘Vimal’ brand.
