When a Chinese manufacturer’s Indian agent registers the STELLADEXIN trademark and the manufacturer later authorises a rival to sell the same cookers in India, who can claim infringement? The Delhi High Court Division Bench answers that question and, in doing so, resets the limits of international exhaustion and prior user under Indian trademark law.
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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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