2017-TIOLCORP-61-HC-DEL-IPR
Foodcraft India Pvt Ltd Vs Saurabh Anand Trading as Urban Pallette Restaurants
Whether a case of infringement can be established if a party adopts of a trade which is identical to a well know trade name and both parties are engaged in similar trades - YES: HC
Whether defence u/s 17 of the Trademarks Act relating to monopoly use is available when it is proved that the trademark in dispute has a distinctive character - NO : HC
Whether malafide intention of infringing party would stand proved if inspite of issue of a cease & desist notice and during the the continuance of negotiations with the trademark owner, the infringing party adopts & uses such well know mark - YES: HC
Whether prior use of trademark puts the prior user in a superior position - YES : HC
- Case allowed
: DELHI HIGH COURT