Trademark's Value Can Be Estimated In Monetary Terms As Proprietor Invests In Publicity and Building Reputation: Delhi High Court
Live LawThe Delhi High Court has ruled that apart from the primary function of identifying the source of goods, a trademark has an investment function as well, which is to preserve the investments made by a proprietor of a trademark in publicity and building up its reputation.A division bench of Justice Vibhu Bakhru and Justice Amit Mahajan said the trademark, thus, acquires a value that can be. "The use of a trademark by other persons, which is identical or similar to the senior mark, would inevitably result in dilution of the senior mark and adversely affect its value," the court said. Decision of Division Bench Observing IPAB's decision that Eveready Industries India Limited's trademark "EVEREADY" is a well-known trademark with substantial goodwill cannot be faulted, the court noted the mark was coined by joining the words 'Ever' and 'Ready'. The court also concluded that the predecessor, the appellant's mother from whom he claimed to derive his title, had adopted the trademark of Eveready Industries India Limited "to ride on the goodwill and to take an unfair advantage of its reputation."
History of this topic
Sporadic Use Of Trademark In India No Ground To Assume Goodwill Or Reputation: Delhi High Court
Live LawDiscover Related