Securing Its Crown

Founded in 1910, Hallmark Cards, Incorporated retails greetings cards and gifts. More than a 100 years later, the widespread popularity of its products makes it an iconic brand.

In early 2017, Hallmark learnt that one ‘Mouazzam’s Hallmark Estates Projects Private Limited’ in the city of Bengaluru was using a trademark identical to its own marks – ‘HALLMARK’ and ‘stylized text HALLMARK with a crown device’ – in respect of real estate activities involving the building and construction of residential and commercial projects.

To curb such misuse, Hallmark Cards, Incorporated proceeded to file a suit for infringement of its trademarks (on the basis of its prior registered trademark HALLMARK and other HALLMARK stylized/formative marks); infringement of its copyright (in the artwork re the stylization of the text Hallmark and the accompanying crown device) and passing off of its proprietary trademarks/trading style. The suit was filed before the City Civil Court, Bangalore, in which Hallmark was represented by Remfry & Sagar.

We argued that HALLMARK and its formatives were well known marks, and were entitled to protection against use in respect of disparate goods and services as well. Further, it was contended that the misuse violated our client’s rights in its proprietary artwork. The court held in our favour and passed an ex-parte order on July 7, 2017 granting an interim injunction that restrained Mouazzam’s Hallmark Estates from using Hallmark’s proprietary trademarks, name and artwork. Meanwhile, the main suit is pending adjudication.