Case Law Details
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 besides other brands. In August 2018, the Plaintiff came across the alleged dishonest use of the trademark ‘NO TURN’ by the Defendant. Therefore, the plaintiff issued a cease and desist notice dated 07.08.2018 to the Defendant. However, the Defendant did not respond to the said notice and continued using the trademark despite a second notice issued by the Plaintiff to the Defendant dated 21.08.2018.
Thereafter, the Defendant responded to the two notices of the Plaintiff vide a reply dated 31.10.2018 claiming that the Defendant was the prior user of the trademark NO TURN and had been using the same since 2007 i.e. even before the registration of the Plaintiff’s trademark.
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