Paridhi Arya
Published on June 11, 2022 at 13:00 IST
The Single Judge Bench of Justice Jyoti Singh ordered Flipkart to restrict any further sale of Newton Box over the allegation of trademark violation and prohibited to copy, reproduce, adapt, alter or rearranging of Einstein Box.
The suit was filed by Metis Learning Solutions Private Limited in Delhi High Court. It was alleged by the Plaintiff that the product named Einstein Box is designed by it for the children who are up to the age of 14 years but Defendant is selling lookalike product under the name of Newton Box.
The Plaintiff submitted that they use big e-commerce site to sale their product such as Flipkart, Amazon etc. The Einstein Box was introduced in 2016.
In 2019, the Plaintiff get the Einstein Box as registered trademark. Therefore, the Plaintiff alleged grave violation of trademark by the defendant.
In 2021, when Defendant approached the Plaintiff to directly buy the product they have entered into a Wholesale Agreement but later Plaintiff found the product under a name of “Newton Box- Ultimate Science Kit”.
The Plaintiff claimed a photograph from photo shot which took place by Plaintiff also used on the product which featured CEO’s daughter of Plaintiff. It was complained and Defendant took the down the photograph.
The quality of the product is low and products are not certified also. The Plaintiff saw a Facebook post and come to know that Newton box was launched on March 12, 2022. The packaging is also similar to Einstein product and information used by Defendant is also same.
The Newton Box on defendant’s side didn’t mention any information about it except the seller as ‘Retailnet’ and when it was clicked no further information of ‘Retailnet’ appear.
The Court held that ad-interim injunction is granted to Plaintiff as the case established prima-facie. The Court also accepted that Balance of Convenience lie on plaintiff and irreparable loss will also be suffered by the plaintiff if injunction is denied.
The next hearing of the case will be on September 2 and issued summon to file written statement by Flipkart India Private Limited in 30 days.