Flipkart ordered by district court to stop selling products under ‘MarQ’ brand

Marc Enterprises, a local electronics appliances manufacturer, has alleged trademark infringement.

  • Published: October 29, 2018 6:13 PM IST

Flipkart may be among India’s top online destination for multi-brand shopping, but the e-commerce portal also sells a lot of stuff under its own ‘MarQ’ private label. However, it seems that the e-commerce platform may have to soon discontinue the brand.

Acting on a petition filed by a local electronic appliances manufacturer regarding an alleged trademark violation, the Patiala House district court in New Delhi has temporarily barred Flipkart from selling any products marketed under the MarQ brand name.

“The interim injunction has been pronounced and it (Flipkart) has been restrained,” SK Bansal, the lawyer for Marc Enterprises was quoted as saying by an Economic Times report. As the similar-sounding name suggests, Marc Enterprises is the brand that Flipkart’s MarQ label infringes upon.

Flipkart currently sells a wide range of consumer electronics products and home appliances under its MarQ private label. These include microwave ovens, TVs, washing machines, air conditioners, water purifiers, and refrigerators. It even advertised the brand heavily during the recently-held ‘Big Billion Days’ promotion.

On the other hand, Marc Enterprises primarily deals in products like geysers, fans, and coolers. As per the Economic Times report, the company alleged that Flipkart was using the MarQ name “dishonestly, fraudulently and out of positive greed.

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“It seems that, prima facie, there is phonetic similarity between the trademark ‘Marc’ of the plaintiff and trademark ‘MarQ’ of the defendant,” Chandra Shekhar, additional district judge at Patiala House district courts, was noted as saying in his ruling by the Economic Times report.

  • Published Date: October 29, 2018 6:13 PM IST