Atlas Products restrained from using 'Atlas' as trade name

NEW DELHI: The Delhi High Court has restrained bicycle maker Atlas Products Pvt Ltd from using 'Atlas' as a part of its corporate or trade name.

"The Defendants (Arun Kapur and his company Atlas Products Pvt Ltd) are retrained from using the word 'Atlas' in their corporate name/tradename in respect of bicycles and bicycles parts," a bench comprising Justice Vikramjeet Sen and Justice S L Bhayana said.

The judgement came on a suit filed by leading bicycle manufacturer Atlas Cycles (Haryana) Ltd challenging a single judge order which restrained Atlas Products from using trade mark 'House of Atlas' in respect of bicycles but allowed the latter to use the brand name 'Atlas' as its corporate name.

The court said: "Law protects trademark to enable a consumer to rest assured that the product on which he has placed his preference and which he identifies by its name, is in fact the same which he has purchased."

Contending that trademark Atlas has been registered in favour of Atlas Cycle since 1952, the petitioner said that prior to 2002, Atlas Products was not engaged in any cycle-related business.

Atlas Cycle said it was only in 2002 that it found the defendant has started manufacture of cycles under 'House of Atlas' trademark.

Following the finding, it filed a suit against such a use before a single judge making it clear that it has not acquiesced in defendant's inclusion of 'Atlas' in its corporate name, the company said.