Delving deeper into the nuances of trademark law, "Trademarks in the Courtroom: Noteworthy Decisions from India, Part-6" presents a fresh compilation of judgments where the courts took a stand on the distinctiveness and proper examination of trademarks. This segment emphasizes the courts' role in meticulous adjudication, shaping the legal landscape for trademark protection.
"What Do You See?" is not devoid of distinctive character, says Delhi High Court.
In a recent decision, the Delhi High Court set aside an order of the…
This running post provides a summary of the latest Trademark cases decided by courts in India in 2022:
Lenskart Solutions Pvt. Ltd. v. M/s. Lenspark Optician
The Plaintiff, an eyewear company selling various products throughout the country, contended that had it adopted and used the fanciful and inherently distinctive trademark “LENSKART” since 2009. Additionally, the Plaintiff contended that it was the owner and proprietor of the copyright in the original artistic work contained in the label. Lastly, the Plaintiff claimed that…
Decided by the High Court of Delhi on 4th March, 2022.
FACTS
The Plaintiff, Khadi and Village Industries Commission, established in the year 1956 was a registered proprietor of various words marks and device marks. Its products bore the mark “KHADI” in both English and Hindi as well as in artistic and logo form along with the Charkha Logos. The Plaintiff not only dealt with the products of Khadi but also with various medicinal products and were regulated and promoted by…