The name of the official sponsor taken off for infringement of trademark
The name of the official sponsor taken off for infringement of trademarkLast moment trademark infringement allegations led to a change in name and logo of the Couture week starting Tuesday. A day before the start of the gala event, the Delhi High Court on Monday restrained its organisers from using the word 'Pearl' during the event due to allegations of trademark infringement.
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The organiser, Fashion Design Council of India and principal sponsor Pearls Infrastructure Projects Limited (PIPL), were restrained from using the word in relation to the six-day event starting Tuesday.
The order was passed by Justice S. Ravindra Bhat after a petition was filed by the the Little People Educational Society, the owners of the Pearl Academy of Fashion, alleging that the use of the word 'Pearl' by the organisers will amount to infringement of its trademark right. After the Delhi High Court stopped the organisers of the inaugural Delhi Couture Week from using the word "Pearl" - the name of their title sponsor - the organisers have changed the logo and are supporting it with a disclaimer.
The academy said that PIPL is engaged in infrastructure development and tourism and with no association with education, is now planning to start a fashion academy. "Such a development is likely to hurt its interests as it is known in the fashion industry for its quality of education and services," said the petition filed by the academy.
It argued that it is the proprietor of the registered trademark since 1993 and has been spending money towards brand promotion to the tune of Rs.9 crore. The academy also submitted before the court that it has been associated with a large number of fashion events throughout the world and such a step by PIPL would create confusion in the market and in the minds of the customers.
It also submitted a list of prominent celebrities whose clothes have been designed by the alumni of the academy.
The petition said that the academy had intimated the FDCI about its concerns but it did not take any action and entered into an agreement with PIPL to hold the week.
"In view of the material available on record, the court is satisfied prima facie that the plaintiff has a strong
| Rough weather |
| Nightmare struck veteran Delhi designer Tarun Tahiliani on Thursday night when the lavish sets he was creating for the upcoming Bridal Couture Exposition scheduled for July 22 at DLF Emporio Mall, were hurriedly dismantled. "A new set of rules put in place in lieu of the upcoming Commonwealth Games doesn't allow setting up outdoor structures. It's a security precaution, we were told later," Tahiliani told MiD DAY.
"Most open-air trade fair grounds are closed for Commonwealth Games. Where is the industry supposed to showcase?" An annual event, the Bridal Couture Exposition pegs itself as an extravagant gala featuring brands like Swarovski, Forevermark diamonds, and Bentley. |
case for grant of interim relief," said Justice Bhat. The court directed the infrastructure company to use words like PACL, Pearl Infrastructure Projects Limited or Pearl Tourism for the event.
Meanwhile, a notice has been issued to PIPL asking it to file a reply by Sep 21 while the FDCI has been asked to file a reply within four weeks.
Now, at all the display boards, the word "Pearls" has been replaced by Pearls Infrastructure Projects Limited (PIPL), followed by a disclaimer. "We have followed the court's directive and are using the full name of our sponsors. Apart from that, there will also be a disclaimer saying that the event has no association with the fashion school," said FDCI president Sunil Sethi.
"At FDCI, our efficient team is used to handling such crisis situations and this is another such thing. We have been able to manage it successfully and have made the required changes. Wherever was required. We have set the ball rolling and the event is on, there is no change in the schedule," he added.
