Bombay High Court Passes Ad-Interim Order Protecting Copyright Of Asian Paints Over "GATTU"

The Bombay High Court on March 27th, 2023 granted ad-interim relief in the matter of Asian Paints Limited vs. Chetak Minerals; regarding its label mark GATTU, which shows a device mark of a boy holding a paintbrush in his hand.

By the order dated February 03rd, 2022, the defendant was served and the order was executed. Later, on November 15th 2022, the Court allowed the Leave Petition and thereupon granted further ad-interim relief, about the cause of action of passing off also. 

As a consequence, ad-interim reliefs have been operating in favour of the plaintiff in respect of its registered trademark as well as copyright and also for the action of passing off.

Apart from comparing the two marks, the Court has considered the copies of the registration of trademarks and the registration certificate of the copyright. These documents indicated that the plaintiff had proprietary rights in the concerned trademark and the artistic work, which is entitled to get an absolute ad-interim order.