Case Law Analysis
|Delhi High Court
Trademarks Act Section 34 | Prior Use Trumps Registration Despite Delayed Action: Delhi HC Denies Injunction to 'KENT' Water Purifier Giant Against Cable Manufacturer
The Delhi High Court ruled that continuous prior use of a trademark since 2009 overrides later registration, even if the registered owner has substantial goodwill. Acquiescence and a decade-long failure to act barred the water purifier company from obtaining an interim injunction against the cable manufacturer, reinforcing that trademark rights are earned through actual use, not just registration.