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IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT BANSAL
FMI Limited – Appellant
Versus
Midas Touch Metalloys Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. plaintiff's business and trademark (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. plaintiff's submissions (Para 8) |
| 3. defendant's submissions (Para 9 , 10) |
| 4. misrepresentation and suppression (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. court's reasoning on passing off (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 54) |
| 6. court's ruling on injunction (Para 52 , 53) |
JUDGMENT :
AMIT BANSAL, J.
I.A. 37456/2024 ( under Order XXXIX Rules 1 and 2, CPC ), I.A. 40948/2024 ( under Order XXXIX Rule 4, CPC ) and I.A. 42795/2024 (seeking directions)
1. By this judgment, I propose to dispose of the interlocutory application filed on behalf of the plaintiff under the provisions of Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 ( hereinafter ‘CPC’ ) and the interlocutory applications filed on behalf of the defendant (i) under Order XXXIX Rule 4 of the CPC for vacation of the ex-parte ad interim Order dated 28th August, 2024 and (ii) under Section 151 of the CPC seeking leave to sell the existing stocks of the products bearing the mark ‘INDEED’ that was lyin
The court established that the rights of the prior user of a trademark are superior to those of a subsequent user, emphasizing the elements of goodwill, misrepresentation, and damage in passing off c....
The court found that despite phonetic similarity, the distinctiveness of trade marks and differences in intended consumer bases negate the likelihood of confusion and passing off.
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....
Plaintiffs failed to prove prior use and goodwill for 'BROAD PEAK' in India, thus no basis for trademark infringement or passing off against defendants who adopted the mark bona fide.
if there is no infirmity found in the order of the Trial Court, injunction against encashment of bank guarantee and letter of credit should not be granted except where fraud or irretrievable damage i....
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