Bench:Kailash Gambhir
2 IP cases indexed. Covers trademark matters.
Cases Presided Over
2 cases indexed | Page 1 of 1
M/S Fastrack Communications Pvt. Ltd. v.Manish Singhal
The Delhi High Court dismissed a trademark infringement suit filed by Fastrack Communications against Manish Singhal regarding the use of the mark 'LEMON'. Although the plaintiff argued for an injunction based on prior usage and apprehension of passing off (a qua timet action), the court noted that the defendant had categorically stated he would not launch or use the trademark until his own registration application was decided. Given this stand, the court found no further basis to sustain the suit, despite acknowledging the plaintiff's right to file such an action.
M/S. H.T. Media Ltd. v.Municipal Corporation of Delhi
M/S. H.T. Media Ltd. challenged the Municipal Corporation of Delhi's (MCD) prohibition against displaying its trade name on public boards in front of housing societies, arguing it was merely informational and not an advertisement. The MCD contended that this display served a commercial purpose to promote the petitioner's brand. The High Court ultimately ruled that since the display aimed to promote and publicize the newspaper 'Hindustan Times', it constituted 'advertisement' under the DMC Act, leading to the dismissal of the petition.
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