Euro-Solo Energy moves SC against Eveready Industries



Euro-Solo Energy moves SC against Eveready Industries New Delhi: A battery manufacturer selling under the brand name of Eurocell has moved the Supreme Court against Everready Industries in an issue related to infringement of Intellectual Property Rights.

Euro-Solo Energy Systems (ESES) has sought stay on the the Calcutta High Court's judgement that restrained it from selling its batteries under the colour combination (red and silver or blue and silver) and trade dress which were deceptively similar to that of Eveready brand of batteries.

A Bench headed by Justice Dalveer Bhandari asked ESES to file an affidavit giving proposal as to what it intended to do if it was allowed to clear off its goods from the market. Besides, it asked ESES to get its proposal approved from Eveready Industries and adjourned the matter.

The court observed that the parties in an IPR matter do not allow the high court to finally decide the case as appeals are being filed against interim orders.

ESES senior counsel Rakesh Dwivedi replied to the Bench's observations by saying that by such injunction orders the "business comes to a standstill."

While seeking a limited interim relief, Dwivedi said that the high court order should remain in abeyance for two months so as to allow ESES to sell its goods worth Rs 4 crore lying in the market. However, he said that the company will undertake not to manufacture goods in the present "trade dress" till the case is finally decided.

ESES said that injunction cannot be granted on the ground that the products had similar colours.

Bureau Report