Weighing machine makers from Gujarat and Assam wrestle for ‘Sumo’ brand

A city-based firm making electronic weighing scales is engaged in a legal dispute with a manufacturer from Assam regarding its rights to use the brand name 'Sumo' for its products. A local court here has temporarily restrained the Assam-based manufacturer from selling his weighing scales under the 'Sumo' brand.

According to case details, Sumo Digital Incorporation filed a commercial suit in a city civil court in 2023 against Utolish Ali Amir from Assam, alleging infringement on its trademark rights.

The Ahmedabad firm claimed that it was manufacturing and selling electronic weighing scales and weighbridges since 2002 under the brand name 'Sumo Digital', and it applied for trademark registration in 2003. Its trademark got registered only in Oct 2022. However, in 2021, the city firm obtained the copyright for its label in the same name.

It alleged that Amir was using a deceptively similar trademark since 2022 for the same products, and it was affecting its business, as it has operations in Assam and Chhattisgarh as well. Amir was selling his electronic weighing scales under the name 'Sumo Pro Max', which created confusion among the consumers, it further stated. The firm urged the court to stop Amir from selling his products under the 'Sumo' brand.

In Nov 2023, the commercial court passed an ex-parte order temporarily restraining Amir from using the word 'Sumo' for his products. Amir later objected to the filing of the suit in Ahmedabad's court, questioning the court's jurisdiction, but his application was turned down. Then, Amir filed another application and urged the court to vacate the interim injunction.

Opposing the stay order, Amir's counsel argued that the word 'Sumo' was descriptive and it expresses the power of Japanese wrestlers. There are various registrations under the name 'Sumo' before the plaintiff got its trademark registered.

After hearing the arguments, commercial court Judge P K Khubchandani last week rejected Amir's application and confirmed the stay till the pendency of the suit.

The court stated, "Under the circumstances, plaintiff being the registered proprietor of the mark is entitled to all the protection available to a registered proprietor of the mark under the provisions of the Trademark Act."

News Source