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Latest Trademark Cases in 2021 – Part 5
Cross Fit LLC vs Mr. Renjith Kunnumal & Anr.
The Plaintiff herein used ‘CrossFit’, a registered word and device mark, on a global basis for fitness & training services as well as its domain name www.crossfit.com. The Defendants were found using the name “SFC CROSSFIT” while imparting identical gym and fitness services, in their advertisements, website, social media handles, etc. Aggrieved by the same the Plaintiff filed a suit before the High Court of Delhi and an application seeking interim injunction. The averments in the plaint, remained uncontested by the Defendants hence, they were deemed to be true based on the principle of non-traverse. The Court pointed out that the word “CrossFit” was entitled to an enhanced degree of protection as it had no known etymological significance. The Court concluded that a prima facie case and balance of convenience for grant of interim injunction existed in the plaintiff’s favour. The Defendants were injuncted from using the mark “CrossFit” or any other identical or deceptively similar mark offline or online. They were also directed to take down their website and domain name www.sfccrossfit.com as well as all listings, posts, pictures etc. from all sites on the internet including their social media webpages.
Citation: Cross Fit LLC vs Mr Renjith Kunnumal & Anr. [I.A. 6927/2021 in CS (COMM) 251/2021] Decided by High Court of Delhi on 8th July, 2021, available at: Cross Fit Llc vs Mr Renjith Kunnumal & Anr., visited on 8th July, 2021.
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