Bombay HC Temporarily Restrains Cognizant From Using Logo In India

The Bombay High Court has issued a temporary restraint against US-based information technology giant Cognizant Technology Solutions, prohibiting its use of a trademark logo alleged to be identical to that of Bengaluru-based Atyati Technologies Pvt Ltd. 

In an ex-parte order, Justice Bharati Dangre observed a prima facie case in favour of Atyati Technologies, stating that the balance of convenience also favours the plaintiff. The court's decision, dated 19 March and uploaded on 10 April, mandates Cognizant to refrain from utilising the trademark logo in India until further orders.

Highlighting Atyati Technologies' argument, the court noted that last October, the company discovered Cognizant's provision of nearly identical services related to IT infrastructure, software development for banking and financial services, and consulting services under a mark/logo bearing striking resemblance to its own. Advocates Hiren Kamod and Nishad Nadkarni of Khaitan & Co represented Atyati Technologies in the case.

Atyati Technologies claimed that its logo, featuring an orange-colored hexagonal honeycomb/hive device symbolising collaboration, compassion and impact, had been in use since early 2019. The company stressed the significance of its logo's design elements, asserting that they embody the organisation's motto and values in its business activities.

The court also noted the absence of justification from Cognizant regarding the adoption of a logo closely resembling that of Atyati Technologies. It found that Cognizant's use of the similar mark/logo could potentially lead to confusion among the public and within the trade community regarding any affiliation between the two entities.

In its ruling, the Bombay High Court acknowledged that Atyati Technologies had established a strong case, asserting that Cognizant's use of the impugned mark/logo, prominently featuring the mark/logo as its leading and essential feature, is almost identical and/or deceptively similar to Atyati's registered marks.