‘Whitehat SR’ Deceptively Similar To ‘WhiteHat Jr’ Mark, Can’t Be Permitted To Be Used In Physical Or Online Platforms: Delhi High Court
The Delhi High Court has permanently restrained an individual from using ‘Whitehat SR’ mark, logos or any name which is either identical or deceptively similar variant of the mark “WhiteHat Jr” which is registered in favour of an online coding tutoring platform for children. “The mark ‘WHITEHAT JR’ is a registered trademark which has acquired enormous reputation owing to...
The Delhi High Court has permanently restrained an individual from using ‘Whitehat SR’ mark, logos or any name which is either identical or deceptively similar variant of the mark “WhiteHat Jr” which is registered in favour of an online coding tutoring platform for children.
“The mark ‘WHITEHAT JR’ is a registered trademark which has acquired enormous reputation owing to the extensive use which has been done over a short period of time. The impugned mark of the Defendant is ‘WHITEHAT SR’, which is almost identical to the Plaintiff’s mark. In fact, the writing style of the letter ‘W’ is also identical to the Plaintiff’s writing style. The mark is a registered trademark of the Plaintiff,” Justice Prathiba M Singh said.
The Court was dealing with a suit filed by WhiteHat Education Technology Private Limited against Vinay Kumar Singh who was providing services related to digital and online marketing, web development through the domain name or website www.whitehatsr.in.
It was alleged that the structural similarity of the “W” logo used by Singh, with an arrow pointing upwards, to WhiteHat Jr’s logo with a rocket launching upwards, indicated a deliberate design to deceive customers. Defendant however did not enter appearance.
Disposing of the suit, the Court observed that Singh cannot be permitted to use the impugned mark “Whitehat SR” either in physical or in online platforms in any manner whatsoever and that it is a fit case for passing of a decree for summary judgment.
The Court also directed Godaddy.com to transfer the domain name www.whitehatsr.in upon payment of requisite charges, if any.
“The bill of actual costs, placed on record as a part of the present application, shows that the actual costs amount to Rs.9,24,000/-. Accordingly, a decree is granted in favour of the Plaintiff for the sum of Rs.9,24,000,” the court said.
Case Title: WHITEHAT EDUCATION TECHNOLOGY PRIVATE LIMITED v. VINAY KUMAR SINGH
Citation: 2023 LiveLaw (Del) 651