Case Law Details
Dharampal Satyapal Limited Vs Youssef Anis Mehio (Delhi High Court)
Delhi High Court held that based on principle of ‘initial interest confusion’ trademark infringement proved for using ‘RAJNIPAAN’, similar to take to well-known trademark RANJIGANDHA, even though no actual sale is finally created as a result of the confusion.
Facts-
It is the case of the Plaintiffs that they are owners of copyright in the unique ‘artistic work’ under Section 2(c) of the Copyright Act, 1957 and entitled to exclusive rights under Section 14 of the said Act. It is stated that Plaintiffs have invested huge amounts of money and efforts to advertise and promote their product under the trademark ‘RAJNIGANDHA’ and its constituent trade-dress.
Plaintiffs assert that they gained knowledge of the infringing activities of the Defendants in the third week of September 2018, when during a market surveillance in and around the areas of New Delhi, they came across the impugned product RAJNIPAAN, being sold in a nearly identical trade dress . Investigations into the impugned product further revealed the wide availability of the impugned product across Delhi as well as on third party online market places such as www.flipkart.com, www.amazon.com, www.easysmoke.in and www.smokinn.com.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
