Safari International And Anr. v. Subhash Gupta And Ors.

2008(36)PTC610(DEL)

The Delhi High Court dismissed an appeal challenging the Intellectual Property Appellate Board's decision to uphold a trademark registration. The core dispute revolved around allegations of fraud and non-use concerning the 'SAFARI' trademark, used for cycles since 1974. The court affirmed that the respondent had continuously used the mark, either through his proprietorship or later via a family-controlled private limited company. Furthermore, the court emphasized that claims of fraud must be specifically pleaded and supported by cogent evidence, which was lacking in this case.

Jurisdiction
India
Court
Delhi High Court
Case Number
2008(36)PTC610(DEL)
Judge(s)
Mukundakam Sharma,Sanjiv Khanna

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in trademark matters before Delhi High Court. Understanding the court's reasoning in Safari International And Anr. vs Subhash Gupta And Ors. is valuable context for structuring arguments or assessing risk in similar proceedings.

Related Cases

trademarkC.O. (COMM.IPD-TM) 155/2024

M/S Rspl Health Private LimitedvsMittal Industrial Corporation & Anr

The Delhi High Court addressed several applications in the trademark dispute between M/S Rspl Health Private Limited and Mittal Industrial Corporation & Anr. While procedural matters like exemption from certified copies were granted, the core petition seeking removal or rectification of the impugned trademark 'SAGAR SUPREME LABEL' was advanced. The court accepted notice and directed all parties to file their replies within specified timelines, setting the stage for a substantive hearing on the alleged deceptive similarity.

trademark964-NMCDL-2483-2018

Hindustan Unilever LtdvsR. R. Trading Company

Hindustan Unilever Ltd filed a Notice of Motion against R.R. Trading Company alleging that the defendant was using a label mark and trade dress deceptively similar to the Plaintiff's distinctive BROOK BOND RED LABEL/RED LABEL for tea products. The Bombay High Court granted leave under Clause XIV of the Letters Patent Act and passed an interim injunction restraining the defendant from passing off their goods.

trademarkCS(COMM) 1026/2025

Tommy Hilfiger Europe Bv & Anr.vsMr Lalit Kumar Goel & Ors.

In this commercial suit concerning trademark infringement, the Delhi High Court granted several procedural reliefs in favor of the plaintiffs, Tommy Hilfiger and Calvin Klein. The court exempted them from pre-institution mediation due to the urgency of interim relief sought. Furthermore, it allowed an exemption from advance service to the defendants, recognizing the imminent risk that the defendant might conceal infringing operations. Crucially, the court directed local commissioners to inspect the premises to ascertain the value of deceptively similar stock and gather evidence against the alleged infringers.

trademarkC.O. (COMM.IPD-TM) 47/2024

Gemini Edibles And Fats India LimitedvsDream Freedom Herbal Pvt. Ltd.

The Delhi High Court allowed a rectification petition filed by Gemini Edibles And Fats India Limited against Dream Freedom Herbal Pvt. Ltd., directing the removal of the respondent's trademark (No. 3213226). The court found that the impugned mark was deceptively similar to the petitioner's prior and well-reputed 'FREEDOM' marks, noting that the addition of a prefix did not differentiate it sufficiently. Given the identical nature of the goods and target consumers, the registration was deemed obtained dishonestly to trade upon the petitioner's goodwill.

trademarkC.O. (COMM.IPD-TM) 275/2024 & I.A. Nos. 49793/2024

Bennett Coleman And Company LimitedvsTwo Star Media Private Limited

Bennett Coleman And Company Limited filed a petition seeking the removal of a deceptively similar trademark (LIVE TIMES) registered by Two Star Media Private Limited. The petitioner argued that its own trademarks, 'TIMES' and its family, are prior, extensively used since 1943, and highly reputed. The court accepted notice and directed both parties to file detailed replies within four weeks, setting the stage for a substantive hearing on trademark infringement and similarity.

Arctic Invent — IP Strategy

Facing a trademark dispute?

Arctic's TM litigation team handles ~120 trademark matters per year across India, EU, and UK. From oppositions to infringement actions, we build winning arguments from precedent.

Talk to our TM team →

Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.

Strategy Consult

Facing a similar trademark matter?

Arctic's litigation team uses precedent data like this to build winning arguments.

Get a Strategy Call