Court protects VICTORINOX from trademark infringement

20th Feb 2021

Court protects VICTORINOX's IPR rights, a famous Swiss brand known for its multipurpose knives, luxury watches, and apparel. In this instant case, Victorinox was seen in a legal battle with VICTORIA CROSS, who has been held guilty for trademark infringement. Victorinox filed a suit under section 134 and section 135 of the Trademark Act, 1999, claiming its trademark infringement, i.e. Cross & shield device mark.

Defendant argued that the competing marks ‘‘VICTORINOX’’ and “VICTORIA CROSS’’ are entirely different. The trademarks are not phonetically or structurally similar in any manner. The defendant also stated that the word “VICTORIA CROSS’’ is a prevalent combination of English words and makes the same distinctive trademarks.

After hearing both the parties, the Court restrained Defendant from using, propagating, or displaying the trademark “VICTORIA CROSS’’  or any other trademark deceptively similar to  ‘‘VICTORINOX’’. The Court further stated the cross logo is bound to create confusion for consumers, and they will directly associate the logo with VICTORINOX.

Author: Papiha Ghoshal