India: Reliance Industries' Plea Of Trademark Infringement Against The Concord Enviro Systems Is Dismissed By Bombay HC

Recently, Hon'ble Justice Mr. S. J. Kathawalla of the Bombay High Court in the case of Reliance Industries Ltd. V. Concord Enviro Systems Pvt. Ltd., has ruled against Reliance Industries, dismissing the suit filed for trademark infringement of Reliance Industries by the Concord Enviro Systems Pvt. Ltd.

Case Brief

Reliance Industries claimed injunctive reliefs on the basis of infringement of its registered trademarks, infringement of copyright and passing off, on the ground that the logo of the Concord Enviro Pvt Ltd, (herein refereed as Concord logo/mark) is deceptively similar to the their registered trademarks consisting of a distinctive logo (herein referred as Relaince logo/mark). On analysising the marks, the Court came to the conclusion that there is no similarity between both the marks. Hence the Concord Pvt Ltd is not liable for infringment.

Contentions of Plaintiff (Reliance Industries Ltd.)

  • That Concord is using a mark which is deceptively similar to Reliance's registered trademark, in respect of goods falling in classes 7, 9, and 11 and services falling in class 40.
  • That the mark of Reliance is a well-known trademark within the meaning of Trade Marks Act, 1999. Therefore, Reliance is entitled to the reliefs of infringement not only in respect of goods failing in Classes in which their logo is registered but also in respect of goods falling in other classes in respect of which Concord is using and/or is intending to use their mark.
  • That the logo of Concord is both visually and structurally similar.
  • That Concord has adopted the whole of Reliance's mark and by adding a drop of water as a background to the essential feature, makes no difference.
  • That a purchaser familiar with the Reliance's logo is bound to get confused when he sees the Concord's mark, because he does not have both the marks before him and he has a general impression of the Reliance's mark.
  • That the intention of Concord to create deception and confusion is clear from the fact that the logo of Reliance has been registered from 1999 and has been extensively used. Concord did not deny that they were unaware of Reliance's mark. Hence Concord is not honest in adoption of the mark and had the intention to cause confusion in the minds of general public.
  • That the use of the Concord logo is without due cause and by such use they are taking unfair advantage of the distinctive character and reputation of Reliance registered logo.
  • That Reliance is entitled to the relief on the grounds of infringement under section 28 and 29(4) of the Act and passing off since Concord's mark is deceptively similar to Reliance's mark.
  • That Reliance is also entitled to interim reliefs on the basis of copyright. The logo of Reliance is an original artistic work. The logo is registered as an artistic work under the Copyright Act. The Concord mark is a substantial reproduction or a colorable imitation of the plaintiff's artistic work and the entire artistic work of Reliance is incorporated in the Concord logo by making slight alteration.
  • The existence of water droplet in Concord logo is irrelevant, as Concord has otherwise copied the essential feature of the Plaintiff's registered logo i.e. the curve. Therefore, the water droplet forming a part of the Concord logo is liable to be ignored.
  • That the logo of Reliance when rotated to the right appears to be an inverted or reversed or mirror image of the Concord's logo.

Contentions of Defendant (Concord Enviro Systems Pvt. Ltd.)

  • The claim that the rivals marks are identical and/or deceptively similar is wholly misconceived and/or baseless, and/or even otherwise untenable in law.
  • That the rival marks are as different as chalk and cheese. There is no similarity at all between them. This is apparent to the naked eye itself and disentitles Reliance from any reliefs whatsoever. The Concord mark is in the shape of a drop, as contrasted with the round circular shape of the logo of the Plaintiff.
  • That the Concord logo symbolizes and/or conveys the idea of Concord's initials being 'c' and 'e' artistically depicted inside the said drop, while Reliance itself calls its logo as the 'R' logo. Concord's initials are combined in a way that they give a feeling of fluidity and energy to the symbol. The 'c' of Concord is embracing the 'e' of Enviro which means the Company is contributing to create a better and cleaner environment. This is totally absent in the Reliance logo.
  • That the contention of Reliance to ignore the water droplet, or that its presence is irrelevant, is contrary to the settled law, as a mark is required to be compared as a whole.
  • That Reliance mark's curve tapers towards the left and becomes extremely wide/squarish to the right, giving it a unique shape. The curvature to the right is wide/squarish and angled such that the 'flame' in the middle leads to a formation of an 'R', and the "curve" is very 'rounded' and/or "circular" and virtually completes "circular shape". All these facets are absent in the "curve" appearing in the Concord mark.
  • That the convoluted mode of comparison of marks by rotating right, as contented by the Reliance, is absolutely impermissible.
  • That Reliance is seeking a monopoly on a curve of virtually every shape and/or size and/or dimension and/or design and/or artistic work, which is clearly impermissible.
  • That the consumers of Concord would buy their products with deliberation. These products are not sold across the counter. So there is no chance of confusion.
  • That Concord acted in good faith and honestly adopted their mark.
  • That plaintiff has miserably failed to make out a case under section 29(4) of the Act.
  • That Reliance , an extremely powerful corporate with unlimited resources is seeking to brow beat and harass, honest and bona fide entities doing legitimate business, and is trying to seek an all pervasive monopoly on a curve, which is impermissible in law.

Observations of Court

There is no similarity between the Plaintiff's logo (curve) and the curve used by the Defendant. There is a clear difference and/or distinction between the Plaintiff's curve which is in round circular shape and the curve used by the Defendant. The 'curve' used by Concord is the initials of the 'Concord Enviro' i.e. 'c' and 'e', which are artistically depicted inside the water droplet, which is an essential feature of their logo. The Reliance itself calls its logo ('curve') the 'R' logo, since the letter 'R' is written in an artistic manner inside the circle. In the Reliance 'R' logo, 'R' is formed in inverse space that is white colour or no colour. Hence there is no question of confusion in the minds of the general public. The Concord has acted in good faith and their logo is honest and bonafide.


The rival marks are completely different. There is no question of confusion/damage to Reliance's reputation. The allegation made by Reliance that Concord is guilty of trademark infringement, passing off and copyright infringement is not established. Reliance has therefore, failed to make out a prima facie case. The Notice of Motion is therefore dismissed with costs.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.