Rights of Registered Trademark Holder vis-à-vis Prior User of a Descriptive Trademark

Peps Industries Private Limited Vs. Kurlon Limited  (Delhi High Court)  FACTS In the present case, Peps Industries Pvt. Ltd. (‘Plaintiff’) is the owner of registered trademark “NO TURN”. The Plaintiff had registered the same under Class 20 for mattresses, wall beds, adjustable beds, sofas, pillows, cushions and other related products in the year 2008. The mark was granted registration in February 2011 with effect from January 2008. Since 15.01.2008, the Plaintiff had been continuously, consistently and uninterruptedly using its trademark NO TURN in relation to its products be...