Article
Dishonest adoption of a well-known trademark for dissimilar goods and services - A ground of infringement
By Anoop Verma
The Delhi High Court recently granted an ad-interim injunction to the plaintiff and restrained the defendants, from using the mark “DMW” or any other mark which is identical or deceptively similar to the plaintiff’s “BMW” trademarks. Analysing the said decision elaborately, the article in this issue of IPR Amicus states that a well-known trademark is protected under the Trade Marks Act, 1999 even against the use for dissimilar/disparate goods and services offered by other parties. According to the author, the same can also be evidenced from the decision of the present case, wherein, the High Court held that mere dishonest adoption of a well-known trademark used for dissimilar goods and services is a valid ground of infringement...
Ratio decidendi
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- Copyrights – No cause of action based on trailer of film which was never released – Delhi High Court
- Patents on divisional applications when cannot be refused – Intellectual Property Appellate Board
- Trademarks – Effect of multiple registrations outside India – Intellectual Property Appellate Board
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