Authority: High Court at Calcutta, Intellectual Property Rights Appellate Division
Order Date: September 2, 2026
Case Overview
- Parties: Super Smelters Limited (appellant) and H.R. Ispat Private Limited (respondent), both manufacturers of TMT bars.
- Dispute over alleged infringement of the label mark “Super Shakti” (blue and red colour combination) used by the appellant against the respondent’s use of “HR Super”.
- Appellant claimed prior user rights over the word “Super” and sought an injunction to restrain the respondent.
- The Commercial Court at Alipore (Order No.43 dated February 16, 2026) rejected the injunction petition; the appellant appealed this order.
- The appellate bench examined the distinctiveness of the word “Super”, phonetic and visual differences between the two marks, and the colour usage.
- Court observed that “Super” is not a unique or distinctive element; neither party uses it exclusively, and the two marks differ phonetically ("Super Shakti" vs "HR Super") and visually (respondent’s mark includes an Atlas figure and a distinct “P” in “Super”).
- The court also noted that the appellant could not claim exclusivity over the blue‑red colour combination.
Final Outcome
- The appeal (AO‑COM 14 of 2026) and the interlocutory application (IA No.: CAN 1 of 2026) were dismissed without any order as to costs.
- The lower court’s decision rejecting the injunction remains in force.
Topics: Trademark, Injunction, Intellectual Property