The civil court in its order permanently restrained Amazon Technologies “from infringing or passing off” the entrepreneur’s trademark “Happy Belly Bakes” under the mark / name /label ‘Happy Belly’ or with the similar name”
Deciding in favor of a small Bengaluru bakery chain in a battle for the Happy Belly trademark with Amazon Technologies Inc. and Cloudtail India Private Limited, a civil court in Karnataka’s Bengaluru city has ruled a global market for products is not a consideration for rejecting locally registered trademarks.
The civil court adjudged the battle for the Happy Belly trademark in favor of 35-year-old Shisham Hinduja, a local entrepreneur, who registered the trademark in 2015 as Happy Belly Bakes, while Amazon Technologies and Cloudtail India sought the trademark in 2016 to sell gourmet products online.
The civil court in its order permanently restrained Amazon Technologies “from infringing or passing off” the entrepreneur’s trademark “Happy Belly Bakes” under the mark / name /label ‘Happy Belly’ or with the similar name”. The court has also directed Amazon Seller Services Private Limited “to remove products deceptively similar to the plaintiff’s trademark in its online platform in India”.
In an order issued on August 30 this year, the 18th additional civil and sessions court in Bengaluru ruled that “merely because the defendants are having a worldwide market or global market for their products is not a ground to reject the registered trademark of plaintiff”.
