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DELHI HIGH COURT
PRATHIBA M.SINGH
Kamdhenu Limited – Appellant
Versus
Raghunath Virdharam Bishnoi – Respondent
| Table of Content |
|---|
| 1. trademark adoption and infringement. (Para 2 , 3 , 4 , 5 , 6) |
| 2. urgency of plaintiff's grievances. (Para 10) |
| 3. need for protective measures against infringement. (Para 11) |
| 4. directives for disclosure and investigation. (Para 12 , 21) |
| 5. procedural orders and future listings. (Para 23 , 24 , 25 , 26) |
JUDGMENT
Prathiba M. Singh, J.(Oral)--This hearing has been done through hybrid mode.
I.A. 4506/2022 (for direction)
2. The present application has been filed by the Plaintiff-Kamdhenu Limited, seeking various directions qua the illegal use of the term/mark/name `Kamdhenusteel' in various forms by known and unknown Defendants.
3. The background of this case is that the Plaintiff adopted the trademark `Kamdhenu' in 1994 and has been manufacturing, selling and offering for sale various products including TMT Bars, Cement, Real Estate, etc. It is stated to be an ISO 9001:2008 certified company, with a market share of around 20% of retail branded TMT Steel Bars in India. The Plaintiff is also the registered owner of the trademark `Kamdhenu' and its formative marks, in various classes, including in Classes 6 and 35, registered between the years 1996 and 2008. The flagshi
Court emphasized the urgency of protecting trademark rights against fraudulent domain registrations and impersonation, asserting a prima facie case for immediate injunctive relief.
The central legal point established in the judgment is the protection of trademarks and goodwill, leading to stringent measures to prevent trademark infringement and fraud.
The court affirmed the plaintiffs' rights against infringement and passing off, validating their trademarks through established goodwill and allowing for summary judgment due to the defendant's non-a....
The court upheld the trademarks' protection against infringement, emphasizing the role of well-known trademarks in deterring cyber-squatting and unauthorized usage.
The court emphasized that private complaints must comply with jurisdictional prerequisites, and prior arbitration findings conclusively resolved the domain ownership dispute, rendering the FIR unfoun....
Domain Name Registrars must comply with court orders and appoint Grievance Officers under IT Rules, 2021, or face potential legal actions for non-compliance.
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