Royal Enfield Is Well Known Trademark In Motor Industry: Madras High Court Restrains Service Centre From Using Mark For Goods & Services
1 year, 3 months ago

Royal Enfield Is Well Known Trademark In Motor Industry: Madras High Court Restrains Service Centre From Using Mark For Goods & Services

Live Law  

The Madras High Court recently restrained a service centre from using the trademark “Royal Enfield” for selling or advertising its products or from replicating the look and feel of the exterior and interior of the authorized outlets of Royal Enfield. Justice Abdul Quddhose observed that “Royal Enfield” was a well-known trademark as per the provisions of Section 2 read with Section 11 of the Trade Marks Act 1999. “It is declared that the mark “ROYAL ENFIELD” is a wellknown trademark insofar motorcycle industry is concerned as per the provisions of Section 2 read with Section 11 of the Trade Marks Act, 1999. The court also noted that the trademark “Royal Enfield” had satisfied all the tests required for recognising it as a well-known trademark.

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History of this topic

Proprietor Must Establish 'Validity' Of Trademark Registration U/S 28 To Obtain Relief Against Infringement: Delhi High Court
1 year, 7 months ago

Proprietor Must Establish 'Validity' Of Trademark Registration U/S 28 To Obtain Relief Against Infringement: Delhi High Court

Live Law  

The Delhi High Court has ruled that proprietorship of registration in respect of a trademark does not ipso facto entitle to the proprietor the right to obtain relief against infringement of the mark.Justice C Hari Shankar added that the rights to claim exclusivity over the trademark and to obtain relief against its infringement, as envisaged under Section 28 of the …

When Defendant's Trademark Is Identical To Plaintiff's Registered Trademark & Their Goods Or Services Are Identical, Confusion In Public Shall Be Presumed : Supreme Court
3 years, 2 months ago

When Defendant's Trademark Is Identical To Plaintiff's Registered Trademark & Their Goods Or Services Are Identical, Confusion In Public Shall Be Presumed : Supreme Court

Live Law  

The Supreme Court observed that, in an action for infringement, when the trade mark of the defendant is identical with the registered trade mark of the plaintiff and that the goods or services of the defendant are identical with the goods or services covered by registered trade mark, the Court shall presume that it is likely to cause confusion on …

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