2020-TIOLCORP-18-HC-DEL-IPR
Keller Williams Realty Inc Vs Dingle Buildcons Pvt Ltd
Whether since plaintiff is using merely alphabets 'KW' or together with Keller Williams, defendants are using same in conjunction with, either 'Blue Pearl' or 'Srishti' which is sufficient to distinguish these two marks- YES : HC
Whether mere ownership or even registration of a mark does not lead to any presumption of the mark having a reputation and goodwill in the territories where mark is being used - YES : HC
Whether though explanation of defendants for use of 'KW' as trade marks meaning as "Kesarwani World", does not inspire confidence however same alone can not entitle plaintiff to injunction without making out at least a prima facie case for infringement or passing off - YES : HC
- Plaintiff's application for interim relief dismissed : DELHI HIGH COURT |