The Delhi High Court dismissed Sana Herbals’ appeal for an interim injunction against Mohsin Dehlvi and Dehlvi Remedies, holding that prior user of the NOKUF trademark by the respondents, even if followed by decades of non-use, defeats a passing off claim where goodwill never preceded the defendant’s adoption of the mark.
Read more about Can Non-Use of a Trademark Fuel a Passing Off Claim? Delhi High Court Says No