Delhi High Court Resolves 40-Year-Old Dispute Regarding Infringement of 'FIELD MARSHAL' Trademark
In a ruling issued on April 2nd, Justice Singh sided with PM Diesels, decreeing that the opposing party is prohibited from producing goods under the trademark.
4/10/20241 min read
The Delhi High Court recently put an end to a four-decade-long legal battle over the 'FIELDMARSHAL' trademark. In a verdict delivered by Justice Prathiba M Singh on April 2, the court ruled in favor of PM Diesels Private Limited, granting them relief and restraining the other party, Thukral Mechanical Works, from manufacturing products under the disputed trademark.
The dispute dates back to 1985 when PM Diesels first sought an injunction against the use of the 'FIELDMARSHAL' trademark by Thukral Mechanical Works, alleging infringement and passing off of diesel oil engines and related parts. Over the years, the case evolved, involving multiple hearings, proceedings, and challenges before various legal forums including the Delhi High Court, the Karkardooma District Court, and the Intellectual Property Appellate Board (IPAB).
The High Court observed that the prolonged litigation had imposed a significant financial burden on PM Diesels, who had been diligently protecting their trademark throughout the legal battle. Justice Singh remarked on the substantial resources the court had dedicated to resolving the complex issues between the parties.
In the recent verdict, Justice Singh ruled in favor of PM Diesels, prohibiting Thukral Mechanical Works from manufacturing any products under the 'FIELDMARSHAL' trademark. However, recognizing that Thukral Mechanical Works had been using the mark for centrifugal pumps and other products during the legal proceedings, the court granted them six months to exhaust their existing stock. Additionally, Thukral Mechanical Works was barred from undertaking any fresh manufacturing under this trademark.
The court also ordered the quantification of costs incurred by PM Diesels, directing the taxation officer to assess the expenses within four weeks as per the relevant laws and rules governing commercial disputes and intellectual property rights.
This landmark verdict not only resolves a long-standing trademark dispute but also sets a precedent for the protection of intellectual property rights in India.