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C. HARI SHANKAR
Foodlink F And B Holdings India Private Limited – Appellant
Versus
Wow Momo Foods Private Limited – Respondent
JUDGMENT (Oral)
C. Hari Shankar, J.
I.A. 9418/2023 (condonation of delay of 15 days in filing replication)
1. For the reasons stated therein, the delay in filing replication is condoned.
2. The application stands disposed of.
I.A. 20611/2022 (under Order XXXIX Rules 1 and 2 of CPC)
3. The plaintiff alleges infringement, by the defendant, of its registered trade mark, registered w.e.f. 11 January 2012 in class 43, for all kinds of restaurants, bars, snack bars, hotels, cafeterias and canteens.
4. The plaintiff's mark is [IMG]. The defendant was, till 2019, using the mark WOW! CHINA, depicted as [IMG].
5. In 2019, however, the defendant added, below the word China in the logo, the word "BISTRO". The mark, thus, became [IMG].
6. The plaintiff's case is that with the addition of "BISTRO" below "CHINA" in the mark [IMG], the defendant's mark became deceptively similar to that of the plaintiff, inasmuch as both now read CHINA BISTRO, with the "WOW!" above "CHINA" in the defendant's mark being the only differentiating feature. The plaintiff's case is that this added word "WOW!" would not in any way mitigate the possibility of confusion or deception between the two marks, from the point
Distinctiveness in trademark law must be assessed concerning the goods or services; common terms can acquire distinctiveness based on usage, thus allowing for a prima facie case of infringement.
The main legal point established in the judgment is that registration under the Copyright Act and Excise Act does not permit infringement of a registered trade mark. The significance of disclaimer in....
Generic and descriptive terms in trademarks cannot be exclusively claimed, and likelihood of confusion must be assessed holistically from the average consumer's perspective.
The main legal point established is that the application of the anti-dissection rule and the identification of dominant marks are crucial in determining infringement of registered trade marks.
The court held that the plaintiff has made out a prima facie case of infringement and granted an ad interim injunction restraining the defendant from using the mark NOVAEGIS or [IMG] in any form or m....
The decision emphasizes the importance of prior use and consumer confusion in trademark disputes, reinforcing the need for evidence in claims of trademark registration.
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