In a great development in the battle of the brand on the “Killoskar” brand, the Bombay’s Alta Court supported the rights of Kirloskar Privatery Limited (KPL) as a registered owner of the brand, rejecting the statements of the exclusive and perpetual property made by Sanjay Kiloskar Kiroskar Brothers Limited (KBL).The HC remained the order of the District Court of Punk which had temporarily detained KPL by the creation of license rights, reaffirming that Kpl was the custodian of the “Killoskar” brands for over 50 years and is authorized to grant licenses to members as well as by his association articles.
“There is no material to support the thesis of Kiloskar Brothers who continued to be a beneficial owner of the Kiloskar brands even after the task of the brands. The opposite and agreements for users affirm the contrary, “said a division bench of the head of justice and justice Karnik.The Court observed that the user agreements clearly affirm that the goodwill in the “Kirloskar” marks Girat with Kpl and that the permitted user (KBL) does not derive property rights from use. He also observed that in this provisional phase there was no justification to prevent Kpl from granting the licenses, claiming that the agreement has been underway in the last five decades.
The HC agreed with Kpl’s thesis according to which the Punto court had made a mistake in modifying the status quo by limiting the Kpl license rights. He also rejected the documents presented by KBL who claim the perpetual property, claiming not to establish an exclusive or interminable right.
The issue was published for further hearings on August 11th.
