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DELHI HIGH COURT
C.HARI SHANKAR
Frankfinn Aviation Services Private Limited – Appellant
Versus
Fly High Institute – Respondent
| Table of Content |
|---|
| 1. plaintiff's established use of trademark 'fly high'. (Para 1 , 3 , 4 , 5 , 6) |
| 2. defendant's use of similar services raises infringement issues. (Para 7 , 8) |
| 3. plaintiff asserts existing rights over the mark amid defendant's claims. (Para 9 , 10) |
| 4. infringement established through similar services and trademark uses. (Para 12 , 13) |
| 5. defendant contends mark is common and not distinctive. (Para 14 , 15 , 16) |
| 6. legal challenges to distinctiveness and registration ruled out at this stage. (Para 19 , 24) |
| 7. court finds prime facie infringement based on plaintiff’s registered marks. (Para 20 , 21 , 22 , 25) |
| 8. statutory presumption of validity of the plaintiff's trademark. (Para 28 , 29 , 30) |
| 9. interim injunction granted pending suit resolution. (Para 31 , 32) |
| 10. application dismissed as withdrawn. (Para 33 , 34) |
C. Hari Shankar, J.
I.A.7710/2021 (under Order XXXIX Rule 1 of the Code of Civil Procedure, 1908)
1. By order dated 5th July, 2021, this Court had granted ex parte ad-interim injunction, restraining the defendants (Defendants 2 and 3 are partners of Defendant 1) from using the mark "FLY HIGH", either by itself or in any combination with other wo
The court established that the plaintiff's registered trademark "FLY HIGH" is suggestive of its services, protecting its exclusive rights and warranting an interim injunction against the defendants f....
Where a trade mark contains generic or common-to-trade terms, the proprietor cannot claim exclusive rights over those specific words. Comparison of marks for infringement must be done as a whole; if ....
In trademark law, the likelihood of confusion rather than actual confusion is sufficient to grant injunctive relief, especially when the Plaintiff has established prior use and goodwill.
Trademark infringement occurs when a defendant uses a well-known mark in bad faith, causing confusion, irrespective of the addition of non-distinctive terms. The plaintiff is entitled to injunction b....
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