Registered Trademark Holder Can’t Override Prior User Rights: Delhi HC

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...