Bombay High Court bars use of names identical to ‘Siyaram’

The Bombay High Court has rule in favour of Siyaram Silk Mills, which owns premium brands like J Hampstead and Oxemberg, against companies using names identical to the word 'Siyaram' in any manner on its goods, including suitings, shirtings or other clothing items as a monogram or otherwise.

Siyaram had filed a case in 2011 against use of Bhilwara-based firm Shree Siyaram Fab (SRF), for using Siyaram word in its name for its textile products. However, SRF argued that it is mandatory to mention the name of the manufacturer on the goods under the textile trade, and also according to a public notice issued by the textiles ministry.

However, ruling in favour of Siyaram, Justice SC Gupte in his order, said, “It would be one thing for the defendant to show the markings, including their name as required by the law, and quite another to run the name, including the word 'Siyaram' along the whole length of the selvage of the fabric by monogramming it. The monogramming of cloth, thus clearly amounts to infringement and passing off the same is certainly not the requirement of law."

A consistent financial performance of Siyaram Silk Mills, a blended fabric and garment-manufacturer despite slow economy is attracting heightened investment interest. The company, despite high volatility in raw material prices in the last three years, has maintained its operating profit margin in the range of 12-13 percent and its net profit margin at around 5-6 percent.