DELHI HIGH COURT
ASHA MENON
Star Television Productions Limited – Appellant
Versus
Eurosport – Respondent
JUDGMENT
Asha Menon, J.
I.A. 16049/2021 (of the defendant No.2 u/S 151 CPC for bringing on record its new postal address)
1. For the reasons stated in the application, the same is allowed and the new postal address of the defendant No.2 is taken on record.
2. The application stands disposed of.
I.A. 11913/2020 (of the defendants u/O XI R-5(1) CPC)
3. This application has been filed by the defendants for placing on record certain documents.
4. Arguments raised against the pleas of taking the additional documents on the record were that it has been improperly moved under Order XI Rule 1 CPC and whereas the defendants contended that these documents were essential to show that there was suppression and concealment by the plaintiffs and being public documents, their authenticity could not be questioned.
5. After hearing submissions, the application is allowed, and the documents are taken on record.
6. The application stands disposed of.
I.A. 7682/2020 (of plaintiffs u/O XXXIX R-1 & 2 CPC for interim relief)
7. This suit has been filed for permanent injunction to restrain the defendants from infringing trademark belonging to the plaintiffs, passing off and further seeking r





























A prior user of a trademark in a specific territory is entitled to seek relief against alleged infringement by a subsequent user, especially when consumer confusion and dilution of goodwill may occur....
The court affirmed that prior use of a registered trademark provides substantial grounds for an injunction against similar marks, emphasizing deceptive similarity effects on consumer perception.
Descriptive composite trademarks with disclaimers grant no exclusive rights over disclaimed words; infringement requires whole-mark comparison and specific service similarity pleadings; passing off n....
The principle of prior user of a trademark prevails over subsequent registrations, especially when confusion or association is likely between goods and services of similar trade sectors.
The main legal point established in the judgment is the application of the Trade Marks Act, 1999, to determine trademark infringement, likelihood of confusion, and the balance of convenience and irre....
The main legal point established in the judgment is the protection of trademarks, the likelihood of confusion or deception arising from the similarity of marks, and the prima facie case of infringeme....
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