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Kerala-based Store Restrained from Using “IKEA” Trademark

Recently, the Delhi High Court restrained IKEA Luxury Furniture from using the trademark “IKEA” with respect to items of furniture being sold at its Kerala-based store.[1]

The Plaintiff, Inter IKEA Systems BV, instituted the present suit alleging that IKEA Luxury Furniture (Defendant) was using its mark for the sale of furniture items. In support of the same, the Plaintiff presented a series of pictures taken at the Defendant’s shop.

Though the name appearing on the shop’s outer hoarding was changed to “KEA Luxury Furniture” upon receipt of a legal notice, the Defendant continued to use the “IKEA” mark inside the shop.

In its submissions, the Plaintiff highlighted that its trademark had been in use since 1943. Also, not only was the mark “IKEA” registered in countries around the globe, but the mark, along with its Hindi variation, was also registered in India under various classes.

At the outset, the Court remarked that the said mark was an “extremely well-known mark”. Applying the triple identity test, the Court observed that the parameters of said test were satisfied: use of identical or deceptively similar trademark, use of the mark for identical goods and products range and targeting of the same consumer segment. Further, it was made clear that if an injunction were not issued, the same would result in irreparable loss to the Plaintiff, in whose favour the balance of convenience also lay.

Allowing the plea for interim relief, the Court restrained the Defendant from using the “IKEA” mark or name “or any other mark or name which is deceptively similar to the Plaintiff’s mark ‘IKEA’, either as trademark or trade name on hoarding of store/shops including stationery, banners, handbills, promotional materials etc.”

The matter will be heard next on April 2, 2024.

[1] Inter IKEA Systems BV vs. IKEA Luxury Furniture [IA 22633/2023 in CS(COMM) 821/2023]