The Delhi court imposed Rs 50,000 for using “Lenskart” Name

An eyewear store in Pune has been ordered by a Delhi court to stop using a business name that is similar to “Lenskart.” The corporate entity that utilised “Lenseskart” as its name and plagiarised the name of the eyewear company was also fined Rs 50,000 by the court for doing so.

The plaintiff’s and defendant’s trade names only differ by one digit or letter, but they sound the same when spoken. The contested trade name is confusingly close to the plaintiff’s trade name in terms of structure, phonetics, and visual appeal. The general public is probably going to be unable to distinguish between the defendant’s and plaintiff’s products because of their many similarities. According to a recent ruling by District Judge Umed Singh Grewal of a Commercial Court, the defendant is capitalising on the success of the plaintiff’s trademark.

Additionally, in the presence of a representative of the plaintiff, the court ordered the destruction of all “blocks, dies, finished goods, packing boxes, cartons, wrappers, packaging materials, bills, advertisements, etc. displaying the contested mark.”

In court, Lenskart claimed that it learned in June 2018 that Abhyankar Optics in Pune had chosen the term “Lenseskart” to operate its optical retail and eyewear business. Additionally, the store had built Facebook, Instagram, and a website. The logos, colour scheme, and shape were all identical.

The eyewear company sent a cease and desist letter to the store on June 6, 2018, requesting that it stop using the trade name infringingly right away and make a written commitment not to do so going forward. The complainant moved the court after the shop owners refused to cooperate.

According to the court, “The defendant’s goods and services are identical and are likely to be traded at the same stores and counters as the plaintiffs are traded.”