R. K. Dewan & Co. successfully represented Ban Labs Pvt. Ltd. (Plaintiff) in a trademark infringement suit before the Hon’ble Delhi High Court concerning unauthorized use of its registered trademark ‘Signature’ in relation to goods falling under Class 3.

R. K. Dewan & Co. argued that the Defendant was selling goods identical to those of the Plaintiff’s goods under the identical mark ‘Signature’, thereby creating confusion in the market. In support of the Plaintiff’s case, R. K. Dewan & Co. invoked the Triple Identity Test, which is applied when the impugned mark, the goods and/or services, and the trade channels or consumer base are all identical to those of the registered proprietor.

Conceding with the submissions made by R. K. Dewan & Co., the Hon’ble Court held that the matter fell squarely within the parameters of the Triple Identity Test and granted an ex-parte ad-interim injunction, restraining the Defendant from using the mark ‘Signature’ or any deceptively similar variants thereof. Furthermore, the Hon’ble Court also appointed a Court Commissioner to carry out search and seizure operations at the Defendant’s premises.