The Supreme Court on Friday refused to intervene in a Karnataka High Court order that had granted relief to Blinkit, an e-commerce grocery delivery service, in a trademark infringement lawsuit brought by Blinkhit, a Bangalore-based startup.
A Bench of Justice Sanjiv Khanna and Justice SVN Bhatti observed that Blinkhit had no recorded turnover according to the case documents.
“You have zero turnover. I went through the files, you did not even mention your financials. Sorry,” Justice Khanna commented to Blinkhit’s counsel. The apex court considered Blinkhit’s appeal against an April 17 ruling by the Karnataka High Court.
The mentioned order had protected Blinkit from a trademark infringement claim by Blinkhit, while overturning a temporary injunction previously granted to Blinkhit.
The high court judge Justice SR Krishna Kumar determined that the services provided by both parties were fundamentally distinct. He highlighted that obtaining a trademark solely for a different activity could not justify a temporary injunction.
Blinkit, which is owned by Zomato, had approached the High Court after a trial court issued a temporary injunction preventing them from infringing Blinkhit’s trademark. Blinkit argued that the injunction was arbitrary since the opposing party had concealed facts. It contended that trademark registration without actual use was irrelevant and stressed the fundamental dissimilarity in the activities of the two companies.
The High Court considered the fact that Blinkhit had not utilized its registered trademark between 2016 and the initiation of the trial court lawsuit. After a brief hearing, the Supreme Court concisely stated in its order that it was disinclined to interfere with the High Court’s decision. Consequently, the appeal was dismissed.
