After Aqua Mobiles recently filed a patent infringement case against Intex s Aqua smartphones, the Delhi High Court order by Justice GS Sistani banned the sale of all Aqua smartphones by Intex. And in the latest build up to the story, Intex Technologies, has said that it will appeal the December 24 Delhi High Court order. Also Read - Flipkart Budget Days: Offers on Micromax Canvas Infinity, Sony Xperia R1 Dual, YU Ace and moreAlso Read - Intex launched its 4K UHD Smart TV with integrated Jio Cinema App; starts from Rs 52,990
BGR India reached out to Intex, and was told by the company that, Intex has decided to challenge and file an appeal to this order dated 24.12.16 preferably before Division bench of Delhi High Court. As the matter is sub-judice, hence we cannot comment upon further. Also Read - 70% mobile phone users in India switched brands in Q2: Report
A report by Indian Express notes the order by the Delhi High Court to read, Accordingly, defendants, their directors, officers, franchisees, agents, employees, servants, and/or any other person acting for and on their behalf are restrained from using the infringing trademark Aqua or any other deceptively similar trademark in respect of mobile phones/cellular phones and their accessories, till the disposal of the suit.
The court s order will come in effect after two weeks, which according to the court is enough time for the company to get rid off their current stock of the Aqua series of smartphones. The court also says the current order and observations are in the context of a prima facie view. ALSO READ: PayPal accuses Paytm of copying its logo
The company Aqua Mobiles, who has filed the patent infringement case against Intex, claims that it has been selling mobiles and accessories under the Aqua brand since 2009 in India. The Aqua Mobiles sells a range of 12 different mobiles under the ultra-budget price segment. And what Aqua Mobiles claims is that it was only after three years of the inception of its own brand in the country, that in 2012 Intex began to launch smartphones under the Aqua brand in India.
In addition to that, Aqua Mobiles also claims that Intex used their pictorial logo for Aqua illegally. The publication quotes court order to say, The plaintiffs/applicants, having established a strong prima facie case for priority showing prior use and goodwill in the mark Aqua are entitled to an interim injunction against the defendants. ALSO READ: Nokia sues Apple over alleged patent infringement