Cloudtail India Pvt. Ltd, the joint venture of
Amazon, has received an injunction from the Delhi High Court against telecom
technology company Excel Telesonic. Excel Telesonic has been asked to stop
using the alleged “deceptively similar name” – ‘Cloudtele.’
Cloudtail had taken the company to court last month and
sought damages worth INR 1 Cr.
Cloudtail sought a “decree of permanent injunction
restraining the defendant, its directors, officers, servants and agents and all
others acting for and on their behalf from using, depicting, displaying in any
manner whatsoever, the trademark trade name Cloudtele or any other deceptively
similar trademark, as a part of their trading name company name.”
Mumbai-based Excel Telesonic was founded in 2010. It is a
telecom service company that provides fibre network services for telecom
operators in South Mumbai. The company counts Airtel and Idea as clients.
In the suit, Cloudtail mentioned that its brand is a
‘well-known mark,’ and the use of Cloudtele by Excel Telesonic amounted to
an infringement of its registered trademark. The company also asked for either
“destruction“ of the domain name ‘http:www.cloudtele.com’ or for a transfer to
the ecommerce seller.
Last month, at the last hearing, lawyers for Cloudtele
said that the company will stop using the name ‘Cloudtele’ within the next four
months. They also said that the company would only retain the word ‘cloud’ but
will either prefix or suffix it with any other word and not ‘tail’ or ‘tele.’
In another instance of trademark infringement, US-based
Paypal legally opposed Paytm for registering a ‘deceptively similar’
trademark. The filing for trademark opposition states that “the
impugned trade mark is deceptively and confusingly similar to the opponent’s
earlier trade mark inasmuch as the applicant has slavishly adopted the two-tone
blue colour scheme of the opponent in its entirety.” In March 2017, a
designer in Bengaluru claimed image copyright infringement of a line art
image of Vidhana Soudha by cab aggregator Ola for a citywide
billboard campaign promoting Ola Auto.
Cloudtail India Pvt. Ltd is a joint venture between
Amazon Asia and Infosys founder NR Narayana Murthy’s private
investment fund Catamaran Ventures.
