In a trademark case filed by Fever Labs against Festival House Immersive, the Delhi High Court restrained the use of the mark “Candlelight” for concerts. Fever Labs argued in the case that it is a popular Global Live Entertainment Discovery Tech Platform, which has more than 125 million users. With respect to its trademark, Candlelight, Fever Labs stated that the mark was launched in 2019, and is very popular for candlelight performances where hundreds of candles are organized in an artistic manner. Through its Candlelight Concerts, it stated that cover versions of Western Classics and Contemporary songs are performed. Though the trademark application for ‘Candlelight’ is pending in India, Fever Labs provided details of registrations in several other countries.
After reviewing the facts, the Court stated that Fever Labs had made out a prima facie case of passing off as Festival House Immersive was using the trademark, Candlelight India, for concerts in India. The Court also took note of the fact that Festival House Immersive was using similar language, and had put pictures of Fever Labs’ concerts on its website. On social media, the Court noted the fact that Festival House Immersive was circumventing takedowns by continuously creating new pages.
In its interim injunction, the Court restrained Festival House Immersive from using the trademark ‘Candlelight’ for concerts. It also asked the defendant to place a disclaimer on its website and platforms that the concerts are not the ‘Candlelight Concerts of Fever Labs’. Additionally, the Court asked Festival House Immersive to remove the social media pages and provide accounts of the revenues and profits earned from the concerts in 2024. It also asked the defendant to take down infringing images and pictures from its website.
Citation: FEVER LABS INC vs FESTIVAL HOUSE IMMERSIVE EXHIBIT INDIA PRIVATE LIMITED AND ANR, High Court of Delhi, 5th February 2024, CS(COMM) 88/2024.
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