What's In (Part Of) A Name? The Delhi High Court Explains
Live LawR ecently, the Hon'ble High Court of Delhi dealt with the issue of protection over part of a trademark in Hamdard National Foundation & Anr. While dismissing the application for ad-interim injunction, the Hon'ble High Court deliberated over the use of the common suffix 'Afza' in both marks, holding that although the Plaintiff can claim exclusivity over the entire term "Rooh Afza", none could be claimed over the word 'Afza'. In Proctor and Gamble Company vs. Joy Creators and Ors., the Hon'ble High Court of Delhi was dealing with the issue of trademark infringement between the word marks- "Olay Total Effects" registered by the Plaintiff and "Joy Ultra Look Total Effects" being used by the Defendant. The exception of 'essential features' of a trademark was also discussed by the Hon'ble High Court of Delhi in Five Star Health Care P. Ltd. vs Tara Chand Jadwani. The dispute revolved around the use of the word 'Star' as a suffix in the marks- "5 Star" belonging to the Plaintiff and "6 Star" being used by the Defendant.