Mumbai-based RPG Enterprises, promoter of CEAT Tyres and software firm Zensar Technologies, had approached the court with the allegation that Kolkata-based Riju Ghoshal and his wife Poulami Ghoshal are infringing its registered trademark and copyright.
“If the injunction is not granted, the plaintiff (RPG Enterprises) is likely to suffer/continue suffering an irreparable injury,” said Justice SJ Kathawala in his order of March 21. “The adoption of the impugned marks by the defendants is prima facie dishonest and therefore there are no equities in favour of the defendants.”
In 1979, RPG Enterprises had adopted the trademark ‘RPG’ an acronym, derived from the initials of its founder Rama Prasad Goenka.
Hiren Kamod, an advocate appearing for RPG Enterprises argued that the group has a long-standing goodwill and reputation, and due to its extensive and continuous use of the RPG Marks throughout India and abroad, the group has acquired substantial and valuable reputation and goodwill in the RPG marks.
“The plaintiff (RPG Enterprises) has the exclusive right to use the RPG Marks and owing to the substantial investment that the group makes in supporting and sponsoring diverse activities…the petitioner in respect of its RPG Marks is no longer restricted to any particular class of goods and/ or services,” argued Kamod.
Countering this, Senior Advocate P. Mukherjee, appearing for the Ghoshals, argued that the font, colour scheme and stylization of the defendants’ logo marks are different from the plaintiff’s RPG Logo and other RPG Marks.
“RPG comes from the first letter of the name of the defendant No 1 (Riju); first letter of the name of defendant No 2 (Poulami) and first letter of the surname of both the defendants (Ghoshal),” he further said.
Tina Jain Mehta, director of Pineapple Consulting, a boutique branding agency, said most of today’s large business houses/conglomerates have a cherished history of humble beginnings in one sector. “At that time, their personal equity and family goodwill was extended to the business, which was generally named after the patriarch of the family,” said Jain. “In my view, since these acronyms are not mere alphabets but reflective of the values & pride of a family/community, they do carry a lot of significance and do transcend into strong brands, over time.”
Apart from CEAT and Zensar, Harsh Goenka promoted RPG Enterprises is also a promoter of companies including RPG Lifesciences, rubber and tea grower firm Harrisons Malayalam and KEC International, an EPC firm deals in power transmission and distribution.
