2017-TIOLCORP-77-HC-DEL-IPR Sunil Mittal Vs Darzi On Call
Whether a person who for the first time starts using as a trade name/trademark, a word which in the past has always been used as descriptive of the services cannot be denied protection on the ground of the word being descriptive of the trade - YES: HC
Whether in case of multiple words describing any goods or service, all such words would not become unregistrable as trademark u/s 9(1)(b) and only such of these words would be unregistrable which are commonly used in the territory of business - YES: HC
Whether an infringing party is estopped from taking the plea that a particular word is generic and thus not entitled to trademark protection if such party itself had applied for registration of such word as a trademark/ tradename - YES: HC
Whether test of similarity / deceptive similarity is based on human interactions in a particular society / city and cannot be in abstract - YES: HC
Whether a party providing tailoring services can be denied protection from infringement of trademark merely because its mark is registered in relation to textile cloths and not in relation to tailoring services - NO: HC
Whether trademark protection can be denied merely because the trademark owner did not take action or pursue each and every insignificant infringer - NO: HC
- Case allowed: DELHI HIGH COURT
