Supreme Court Bans Flipkart from Using 'MarQ' Brand Name
SC upholds HC order directing Flipkart not to use 'MarQ' name
The Economic Times
Image: The Economic Times
The Supreme Court of India upheld a Delhi High Court ruling prohibiting Flipkart India from using the 'MarQ' brand for its electronics, citing substantial similarity to the 'Marc' trademark owned by Marc Enterprises. Flipkart has eight weeks to sell its remaining stock under the MarQ name.
- 01The Supreme Court emphasized that using similar trademarks can create consumer confusion.
- 02Flipkart launched the MarQ brand in July 2017, selling various electronics including microwaves and televisions.
- 03Marc Enterprises has used the 'Marc' trademark since 1981 and claims Flipkart's use of 'MarQ' is fraudulent.
- 04Flipkart's counsel proposed mediation for rebranding, but Marc Enterprises opposed it due to previous failed mediation attempts.
- 05The court granted Flipkart eight weeks to dispose of its existing MarQ inventory.
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On Friday, the Supreme Court of India upheld a ruling from the Delhi High Court that prohibits Flipkart India from using the 'MarQ' brand name for its electronics products. The court found that the 'MarQ' name is substantially similar to the 'Marc' trademark owned by Marc Enterprises, which has been in use since 1981. Chief Justice Surya Kant noted the phonetic and commercial similarities between the two brands, which could confuse consumers. Flipkart, which launched the MarQ brand in July 2017, has been selling a range of electronics including microwave ovens, televisions, and washing machines. The company sells approximately a hundred units daily under the MarQ name. While Flipkart's legal team expressed willingness to rebrand its products and suggested mediation, Marc Enterprises opposed this, citing unsuccessful mediation attempts in the past. The Supreme Court has provided Flipkart with eight weeks to sell off its remaining inventory under the MarQ name.
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This ruling impacts Flipkart's operations in the electronics market and could affect its brand strategy moving forward.
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