IKEA vs. IKEY: A Trademark Tussle Over Brand Identity

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Case Name:- Inter Ikea Systems BV vs. IKey Home Studio LLP and Anr.

Case Number:- CS(COMM) 1143/2024

Bench:- Justice Mini Pushkarna

Court-Delhi High Court

Background of The Case:-

Swedish home furnishing giant IKEA filed a trademark infringement lawsuit against Indian company IKEY Home Studio, alleging that the defendant company’s name and branding were deceptively similar to IKEA’s registered trademarks. The dispute arose when IKEA discovered that IKEY had filed five trademark applications that closely resembled its brand. Despite receiving a cease-and-desist notice, IKEY refused to acknowledge any resemblance between the two trademarks.

Legal Issue Involved:-

Trademark Infringement Law Concerns (Section 29, Trademarks Act, 1999)-The use of a visually and phonetically similar mark by IKEY, according to IKEA, is likely to confuse consumers and lead them to mistakenly think that IKEY is linked with IKEA.

Passing Off- The court examined whether IKEY was unfairly benefiting from IKEA’s goodwill by creating brand confusion among consumers. It assessed whether IKEY’s use of a similar mark could mislead customers into believing its products were connected to IKEA, constituting passing off. Given IKEA’s strong market reputation, the court found that such misrepresentation could dilute its brand identity and amount to unfair competition.

Domain Name and Online Presence- IKEY was using the domain ikeyllp.com, showcasing a range of home furnishing products. The court considered whether this was an attempt to mislead online consumers and ride on IKEA’s global brand recognition. Goodwill by confusing customers about the brand.

Arguments By Plaintiff’s Counsel-

Counsel representing the plaintiffs argues that the plaintiff is the owner of the well-known and globally recognized trademark IKEA, which was adopted by its founder in 1943 and has been in use ever since. Additionally, the plaintiff's color scheme and trade dress are the subject of numerous trademark registrations in various countries around the world, including India. Nearly every trade name used by any company under the plaintiff Group's ownership, including those of its franchisees, includes the trademark IKEA. Counsel further argued that the plaintiff has been using the mark consistently and in the course of business since its genuine and honest adoption, among other things, and has established a lasting and valuable trade, goodwill, and reputation under it. IKEA is an original term that has all the characteristics of a created mark and is a powerful mark by nature.

In addition, Counsels representing the plaintiffs argued that in addition to the plaintiff's statutory rights over its IKEA trademarks abroad, the plaintiff's trademark has been recognized as well-known in a number of nations, including but not limited to China, Chile, Indonesia, Italy, Kazakhstan, the EU, Turkey, and Vietnam. Furthermore, the WIPO Arbitration and Conciliation Center has issued multiple rulings acknowledging the IKEA trademark's well-known status. The plaintiffs' learned counsel argued that Defendant No. 1's adoption and use of the contested mark and logo for similar, related, and cognate goods and services has been dishonest and malafide since the beginning. Defendant No. 1 intends to capitalize on the plaintiff's well-established goodwill and reputation in the IKEA trademarks, which is extremely unethical, dishonest, and unlawful. According to defendant number one's website, they "display a wide variety of products from renowned brands." As a result, there is a significant concern that an unsuspecting customer may think that defendant number one is stocking and selling the plaintiff's goods.

Court’s Order:-

IKEA was granted an interim injunction by the Delhi High Court to stop IKEY Home Studio from using the disputed trademark. According to Section 29 of the Trademarks Act of 1999, the court determined that IKEA had shown a compelling case for trademark infringement. Customers may mistakenly think that "IKEY" is connected to or supported by "IKEA" due to the phonetic and visual similarities between the two terms. There was a significant chance of confusion because both companies were in the same business, which may harm IKEA's finances and reputation.

The court acknowledged that IKEY's branding and marketing strategies could deceive consumers into thinking they were buying from IKEA in addition to infringement. Unauthorized use of a comparable mark in the same business domain was considered a passing-off offense because of IKEA's substantial branding efforts and global reputation. According to the court, this kind of deception can weaken IKEA's brand identification and lead to unfair competition. The court directed the revelation of registration details and ordered the shutdown of IKEY's website (ikeyllp.com) in order to stop additional unauthorized use. After taking into account the balance of convenience principle, the court determined that IKEA, a well-known international brand, would be more negatively impacted if IKEY kept using the disputed trademark. Consequently, IKEY Home Studio was prohibited by the court from using the trademarks "IKEY" and "IKEY Home Studio" in any way, including branding, commercials, or business activities. Until the next hearing on May 9, 2025, when more arguments about a permanent injunction and possible damages will be considered, this interim ruling is in effect.

The decision establishes a precedent for international brands that are subject to local infringement and strengthens the protection afforded to well-known trademarks in India. Because IKEY's website suspension was a major factor in the ruling, it also emphasizes how important domain name protection is in trademark disputes. This case highlights the need of upholding trademark rights to avoid consumer confusion and brand dilution, since Indian courts are actively protecting well-known brands.

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