Skoda Monte Carlo name cannot be used any more. The court has ordered Skoda to drop the term Monte Carlo from its Rapid sedan name. This was after a Ludhiana-based apparel company Monte Carlo Fashions objected on the use of this term. They have alleged infringement of its trademark. The additional district judge Mukesh Kumar stated it to be crystal clear that Skoda had committed infringement by launching a variant of its car under this name.

As a result of this, the plaintiff has a prima facie case on merit and the balance of convenience.
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The plantiff will suffer irreparable loss if injunction isn’t grant. So the court observed, “The plaintiff has a prima facie case on merit and balance of convenience also lies in its favour. The plaintiff would suffer irreparable loss if injunction is not granted.
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” It stated so while passing a temporary injunction. From now, Skoda India, its dealer principles and others are restricted from advertising, selling or even manufacturing under the brand name “Monte Carlo”.  They are also refrained from using any other term that is identical or deceptively similar to the clothing trademark in any way. This will cause infringement to the clothing brand’s trademark till the further order.

Varun Lal and Rahul Singh, the two counsels of Monte Carlo company, have argued that its client learnt of this advertisement. This was on 15th September. The company had allegedly used their trademark. As the clothing company has been the first user of this trademark and also own the trademark name.
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The Czech car maker used the name as it is termed as “unauthorised” under the Trade Marks Act, 1999.

Skoda did start taking bookings on this name, but as the product wasn’t launched in the market yet. They do have a chance to get the name changed. At the same time, plaintiff claimed huge losses in terms of its business and reputation due to malafide and deceptive adoption of the trademark. Hence Monte Carlo Fashions requested for an ex-parte injunction, so that Skoda cannot use the term Monte Carlo at any given point of time.

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