Siyaram Silk Mills and Stanford Siyaram Fashion Private Limited clashed before the Bombay High Court in a trademark infringement and passing off dispute over the “Siyaram” mark. Can a Hindu deity’s name be monopolised as a trademark? After eighteen years of litigation, the court’s answer tilts firmly in the textile giant’s favour.
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Can Non-Use of a Trademark Fuel a Passing Off Claim? Delhi High Court Says No
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.
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