Trademark misuse led to compensation

While deciding on case of Orient Ceramics & Industries Ltd vs Square Ceramic Ltd., the Delhi High Court   stated that the conduct of Square Ceramics was “deplorable” and indicated “a tendency to indulge in illegal activities and to obtain wrongful advantage“for violation of trademark. The trademark in dispute was ‘Orient’ for ceramic and vitrified tiles sold throughout the country.

The rival firm incorporated in Gujarat used the name ‘Oriento’ for the same products such as tiles which was allegedly similar to that of Orient Ceramics. It was mentioned that the play of words and the design and colors used in publicity materials would mislead consumers. The Gujarat firm was imposed a compensation of Rs. 10 lakhs for violation of trademark.