2017-TIOLCORP-30-HC-DEL-IPR
Intex Technologies India Ltd Vs AZ Tech India
Whether a trademark being used in foreign jurisdiction can have goodwill in India without any sales or established market in India under the said mark - NO: HC
Whether in the case of passing off, the property lies not in the mark but in the goodwill of the mark - YES: HC
Whether establishment of goodwill is an essential ingredient of the tort of passing off - YES : HC
Whether for the purpose of trademark reputation and goodwill is one and same thing - NO: HC
Whether there can be 'reverse confusion' in absence of tangible evidence to show that alleged junior user of the impugned mark was able to utilize the goodwill and reputation of the alleged senior user of the said mark - NO: HC
Whether a party can be entitled to interlocutory injunction when the suit for infringement was deliberately filed only after the other party had incurred huge advertisement expenditure and established market under the impugned mark - NO: HC
Whether such inordinate delay in initiating action indicates impropriety on the part of the alleged owner of the mark - YES: HC
Whether injunction granted at a belated stage would cause irreparable injury to the junior user, when senior user and smaller company permits the junior user and larger company to grow rapidly and establish a huge market presence without taking any action - YES: HC
Whether addition of the word mark Intex, to the word mark "AQUA" is sufficient to distinguish it from the goods of others and their is no scope of confusion - YES : HC
Whether copying the font, colour and style of the logo used by the senior user indicates dishonest conduct and would disentitle for a remedy of injunction - YES : HC
Appeal allowed: DELHI HIGH COURT
