**Kirloskar Brothers Ltd Excluded from Trademark Case as KPL Joins as Plaintiff**
In a significant development for Kirloskar Brothers Ltd (KBL), the Bengaluru Commercial Court has removed the company from a trademark infringement lawsuit concerning the ‘Kirloskar’ brand. Instead, Kirloskar Proprietary Ltd (KPL) has been permitted to enter the case as a plaintiff. The core of the dispute revolves around the original ownership and usage rights of the ‘Kirloskar’ trademark.
KBL contends that the trademark was initially theirs and was later assigned to KPL through a family settlement, which allowed KBL to continue using it. Conversely, KPL asserts that it has the right to revoke these agreements, claiming that KBL has violated their terms. Sources indicate that KBL is likely to appeal the court’s decision to the Supreme Court.
Legally, KPL is recognized as the owner of the ‘Kirloskar’ brand, while KBL is merely a registered user. KPL’s petition to replace KBL as the plaintiff arose after KBL filed a lawsuit against Solid State Systems Pvt. Ltd for trademark infringement without KPL’s knowledge or consent. Upon learning of the suit, KPL sought to be recognized as the rightful plaintiff. Following this, KBL attempted to withdraw the case, citing an affidavit from Solid State Systems that denied any infringement.
The Bengaluru court ruled that KPL, as the registered proprietor of the ‘Kirloskar’ trademark, holds superior legal rights over KBL. The court stated, “KPL has every right to oppose the withdrawal and transpose as plaintiff and continue the suit against defendant No.1 (Solid State Systems).” The ruling emphasized KPL’s legitimate interest in protecting the trademark.
The court also criticized KBL for what it described as “blatant forum shopping,” suggesting that KBL was attempting to manipulate the legal process to assert ownership over the trademark. The court noted discrepancies in KBL’s affidavit and withdrawal memo, indicating potential double standards in KBL’s legal strategy.
This ruling marks the second judicial setback for KBL this year, highlighting ongoing tensions within the Kirloskar family regarding trademark ownership and rights.
**FAQ**
**What is the current status of the trademark dispute between KBL and KPL?**
The Bengaluru Commercial Court has removed Kirloskar Brothers Ltd from the trademark infringement case and allowed Kirloskar Proprietary Ltd to join as the plaintiff, asserting its superior legal rights over the ‘Kirloskar’ trademark.