Sony Corporation vs. K. Selvamurthy

Sony Corporation filed a trademark infringement suit against K. Selvamurthy, who operates a tours and travel business under the name "Sony Tours and Travels" in Bangalore. Sony argued their trademark was being diluted and infringed. However, the court ruled in favor of the defendant, finding that Sony electronics and a travel agency could be easily differentiated, and the plaintiff seemed to just want a monopoly over the name. The court dismissed the suit, noting the plaintiff's delay in filing, and awarded costs to the defendant.

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Sony Corporation vs. K. Selvamurthy

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Anagha Shelke

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SONY CORPORATION VS. K.

SELVAMURTHY

CASE DETAILS

Plaintiff for the case: Sony Corporation

Defendant for the case: K. Selvamurthy

Judgement pronounced by: Bangalore District Court

Coram: Smt. Lathakumari M. (Addl.City Civil & Sessions Judge, Bengaluru)

Date of Pronunciation: 18th June, 2021

OVERVIEW OF THE CASE

The plaintiff is the registered trademark holder of the mark Sony and a company incorporated
in Japan having its office at Tokyo, Japan. The plaintiff corporation owns, use and is the
registered proprietor of the mark Sony in and around 193 jurisdictions of the world. The
trademark is also in the list of well-known trademarks at Sl. No.78 published by the Indian
Trademark Registry.

The defendant is an Indian national engaged in the business of transport services and car
rental services under the trading name M/s. Sony Tours and Travels, functioning solely in the
Bengaluru district of India.

Sony Corporation filed a trademark infringement suit claiming dilution and infringement of
its well-known Sony trademark against the defendant who is the sole proprietor running a
tours and travels business in Bengaluru.

SUBMISSIONS ON BEHALF OF THE PLAINTIFF

The plaintiff corporation submits and mentions about the registrations of the plaintiff for its
Sony trademark in India and that as per clause 39, the trademark Sony is also registered in
respect of transport, packaging and storage of goods, travel arrangement, based on their
application dated 6.10.2003 and that the trademark of plaintiff corporation has been renewed
from time to time. They further submit that with respect to the registrations and the well-
known character of their trademark, the plaintiff has the exclusive right to use the trademark
in India and worldwide.

Therefore, they sort an order of permanent injunction restraining the defendant from using the
mark Sony or any other domain name deceptively similar to the plaintiff's well known Sony
trademark. The plaintiff also sought for damages of Rs.10,00,000/- and to voluntarily
withdraw/cancel any trade mark or copyright application filed for any mark similar to the
trademark Sony of plaintiff's and to refrain from seeking any such further registrations.

SUBMISSIONS ON BEHALF OF THE DEFENDANT

The defendant particularly contends that Sony is the nick name of his wife Smt. Kavitha and
that the name Sony has its origin in India and Sony in Tamil and Telegu languages means
beauty and it is the name of a female/girl, as per the Vedic astrology.

Further stating that the defendant has been running this business for the past 27 years and his
operations are restricted to areas close to Ulsoor in Bengaluru. The name of his business i.e.
Sony Tours and Travels does not cause any manner of confusion or likelihood of confusion
among the consumers as the business and services of defendant is completely different from
that of the plaintiff's.

The defendant submits that the plaintiff is filing this suit only intending to enjoy monopoly
over the name "Sony". Also that there is inordinate delay of 25 years in filing this suit which
makes the suit time barred by the law of limitation and amounts to waiver of their right.
Hence prays for dismissal of the suit with exemplary costs.

COURT’S OPINION AND JUDGEMENT

After analysing the facts before it, the District Court came to the conclusion that the
defendant did not take unfair advantage of, or cause infringement of or any detriment to the
distinctive character or repute of the plaintiff’s Sony mark.

The Court came to this conclusion as Sony Corporation’s business is limited to electronics
and media, which could be easily differentiated from the tours and travels of the defendant.
Under such circumstances it is impossible to imagine that an ordinary man would link the
electronic goods business to the travel business. The Court also opined that the plaintiff was
trying to establish monopoly over the name Sony.

Therefore, the suit filed by the plaintiff for the relief of permanent injunction and other
consequential reliefs was dismissed by an order of the Court while taking a note of the
inordinate delay of the plaintiff in approaching the Court, and granted defendants Rs. 25,
000/- as costs.