Case Law Details
Sanjay Chadha Trading As M/S Eveready Tools Emporium Vs Union of India & Ors. (Delhi High Court)
A well known mark under Section 2(1)(zg) of Trademarks Act cannot be allowed to be infringed
Conclusion: Delhi High Court dismissed appeals and restrained appellant from using word ‘EVEREADY’, as the same is a well-known mark due to their extensive, continuous use, have gained immense goodwill and reputation. Further, it was also held that when a senior mark has acquired reputation in relation to certain goods, use of an identical or similar mark in respect of other goods would result in dilution of the said trademark by blurring.
Facts: The appellant has filed the present intra‑ court appeal, inter alia, impugning a judgement dated 17.02.2022 passed by the learned Single Judge, whereby the appellant’s petition was rejected. The appellant had preferred the aforesaid petition under Articles 226 and 227 of the Constitution of India impugning an order passed by the Intellectual Property Appellate Board on 22.09.2020, whereby the IPAB ordered that the appellant’s trademark registrations being the word mark “EVEREADY” and the device mark be removed from the Register of Trademarks.
The appellant states that he is engaged in the business of manufacturing and marketing of hand tools, sold under the trademark “EVEREADY” since the year 1985. The appellant claims that in the year 1978, his mother (respondent no. 4, hereafter referred to as ‘the Predecessor’) commenced business as a sole proprietor, under the name ‘Everest Tools Industries’.
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