Following a complaint from an Indian Jewelry brand, ORRA, an Indian court has issued a temporary injunction prohibiting a Chinese company, TomTop Merchandise from selling jewelry using the trademark ‘ORRA’.
The plaintiff alleges that the ORRA owns the trademark for its name and reserved all rights on its intellectually property.
The plaintiff alleges that it discovered a website, orra-jewels.com which sells jewellery and operated by Chinese brand, TomTop Merchandise.
According to the lawsuit, the plaintiff pretended as a customer and placed an order on the defendant’s website.
The plaintiff reportedly said that the jewellery was later delivered under the brand name ‘ORRA’.
The plaintiff reportedly said that the infringement has caused lots of damages, confusion and passing off of its products as genuine ORRA goods.
ORRA reportedly said that TomTop had employed an Indian representative who was in charge of all sales within India.
In November, the Bombay High Court temporarily prohibited TomTop from selling its jewellery in India using the ORRA name and ordered the company to cease operation of the website, until a hearing on December 13 to decide the final outcome of the case.
The court also ordered the website to disclose all sales it has made through the orra-jewels.com website and in connection to the ORRA trademark.