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IN THE HIGH COURT OF DELHI AT NEW DELHI
TEJAS KARIA
Yatra Online Limited – Appellant
Versus
Mach Conferences And Events Limited – Respondent
| Table of Content |
|---|
| 1. injunction sought against trademark infringement. (Para 1 , 5 , 6) |
| 2. plaintiff's claims regarding trademark rights and goodwill. (Para 7 , 9 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. defendant's arguments against the exclusivity of the mark 'yatra'. (Para 20 , 26 , 28) |
| 4. court's observations on the generic nature of 'yatra'. (Para 44 , 45) |
| 5. injunction application dismissed. (Para 64) |
JUDGMENT :
TEJAS KARIA, J.
I.A. 47682/2024
INTRODUCTION :
1. The Plaintiff has filed this Application for injunction restraining the Defendant from infringement of the Trade Mark, passing off, misrepresentation, dilution, unfair competition by directly or indirectly using, selling, advertising, mentioning, or dealing in any manner including as part of domain name the Marks ‘BOOKMYYATRA.COM’ or ‘BOOKMYYATRA’ (“Impugned Trade Marks”)
2. This Court vide order dated 09.12.2024 had granted ex-parte ad- interim injunction restraining the Defendant from using the Impugned Trade Marks.
3. The Defendant filed its Reply to this Application on 06.03.2025 opposing the grant of interim relief. The Plaintiff has filed Rejoinder to the Reply to this Application on 25.03.2025.
4. Accordingly, this Application was f
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The court ruled that generic terms, such as 'YATRA', do not confer exclusive rights, rejecting claims of trademark infringement due to the lack of established secondary meaning.
Establishing trademark infringement requires valid registration, identity or similarity to the registered mark, and use in relation to identical services, with consumer confusion warranting protectio....
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 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 emphasized likelihood of consumer confusion in trademark law, holding that similar marks can infringe established trademarks regardless of differences in service or field, thus supporting t....
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