Kirloskar vs. Kirloskar: Backlash for Kirlkar brothers in brand pack; The court calls 'Blatant Forum Shopping'

In a new setback for Kirloskar Brothers Ltd (KBL), the Bengaluru commercial court removed the company from a trademark crossing on the ‘Kirloskar’ brand, and instead allowed Kirloskar to join property rights (KPL) as a plaintiff. The dispute focuses on who owns the original ownership and use rights of the brand ‘Kirloskar’. Kirlkar Brothers argued that the brand was originally assigned to KPL by a family settlement, with the understanding that KBL could continue to use it. However, KPL maintained that it could revoke the agreements and claimed that KBL had violated its conditions. KBL is likely to dispute the order before the Supreme Court, a person who is aware of the case said. Legally, Kirloskar property is the owner of the ‘Kirloskar’ brand, while KBL is a registered user. KPL has submitted a petition to transpose himself as a requester in the case instead of KBL. The case began in March when KBL filed a case against PVT of Solid State Systems. Ltd claims the violation of brands and obtained a former parte order. However, KBL brought the matter without KPL’s knowledge or consent. When discovering the case, KPL moved to the rightful plaintiff to transposition. Shortly thereafter, KBL tried to withdraw the matter and rely on an affidavit of fixed state systems that deny any infringing activities. The Bengaluru Court ruled that KPL, as the registered owner of the ‘Kirloskar’ brand, has excellent legal rights on it over KBL. “KPL has the right to oppose the withdrawal and transpose as plaintiff and continue the case against defendant No.1 (Solid State Systems),” the court said in its 60 -page order. “Being a registered owner (KPL) has a strong case to stir and a bona fide and sincere interest in protecting the brand ‘Kirloskar’,” he added. Forum shopping “It is also claimed that the plaintiff (KBL) applauded” blatant forum shopping “in a complete abuse of the machinery of the courts and repeatedly tried to use the ownership of KPL by unilaterally and without the rights and authority that submitted the third party and a false record and impression of the plaintiff of the cast. Forum -Shopping refers to the practice of deliberately submitting a lawsuit in a court or jurisdiction that is expected to deliver a more favorable outcome, often by utilizing differences in laws or judicial procedures between available courts. submitted (Kirloskar Brothers). said: “The order underlines how repeated litigation of this nature is driven by Kirloskar brothers, without regard to the established ownership rights, not just a legitimate earnings, but the risk of draining shareholder resources in the pursuit of other disputes in the mala fide”. granted member companies in accordance with the company’s statutes. NSE to finish at £ 1,944.80 by piece, while the criterion Nifty 50 index lost 0.85%.