Case name: Scrum Alliance Inc. V Prem Kumar
Case number: I.A. 17424/2021 (Order XXXIX Rules 1 and 2 of the CPC)
Date: 21.11.2023
Coram: C. Hari Shankar, J
Facts of the case:
The Delhi High Court has prohibited the UK-based certification supplier, Global Association for Quality Management (GAQM), from utilizing the “Certified Scrum Master” mark and its associated logo until the resolution of a trademark lawsuit initiated by Scrum Alliance [Scrum Alliance, Inc v. Prem Kumar S and Ors].
Justice C Hari Shankar has preliminarily determined that GAQM’s mark and logo appear deceptively similar to those of Scrum Alliance’s “Certified ScrumMaster” mark and its logo.
The court was handling an injunction suit filed by Scrum Alliance against GAQM, alleging that the latter’s use of marks and logos resembled its own Certification Trade Mark (CTM), causing confusion in the certification services sector.
Scrum Alliance informed the court that in 2018, GAQM had agreed to darken its logo’s color and include a disclaimer on its website, clarifying the lack of association with Scrum Alliance. Dissatisfied with these changes and the disclaimer stating “Certified Scrum Master” as GAQM’s registered trademark, Scrum Alliance approached the High Court.
Scrum Alliance emphasized the identical nature of its marks and GAQM’s marks, asserting use in the same domain and client base.
GAQM countered, stating it had complied with the agreed logo color change and website disclaimer. It argued against complete restraint, asserting it did not represent Scrum Alliance or grant certifications on its behalf, and that Scrum Alliance couldn’t monopolize scrum certification rights.
Court’s analysis:
The court, in its analysis, highlighted the criteria for trademark infringement, stating unauthorized use in trade, identical or deceptively similar marks, and use in relation to registered CTM goods or services. After scrutinizing the marks, the court found minimal textual variation and comparable sun motifs, establishing a prima facie infringement case.
Consequently, the court permitted GAQM to use “CSM” as a word mark, but issued an interim injunction against using “Certified Scrum Master” and the related logo.
The case is scheduled for further hearing on December 15. Scrum Alliance was represented by Advocates Anirudh Bakhru, Yashwardhan Singh, and Vijay Laxmi, while GAQM was represented by Advocate Gagan Gupta.
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Written by: Radhika Shekhawat
