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Registered Trademark Holder Can’t Override Prior User Rights: Delhi HC
Case Law Details
- Case Name
- Goethe-Institut E.V. Vs Abhishek Yadav & Anr. (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Goethe-Institut E.V. Vs Abhishek Yadav & Anr. (Delhi High Court)
Delhi High Court held that Section 34 of the Trade Marks Act, 1999, recognizes the rights of a prior user and protects its rights. The rights of prior user are recognized as superior than that of the registration and that even the registered trademark holder cannot disturb/interfere with the rights of the prior user.
Facts- By way of the present application, the plaintiff seeks injunction for restraining the defendants from using the impugned marks, i.e., MAX MUELLER/ MAX MUELLER INSTITUTE/ or any other mark which contains or...
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