Topic
Kerala High Court rules that trademark registrations in different classes (goods vs services) do not immunize infringers from liability. The court emphasizes deceptive similarity, prior use, and passing off as key determinants, reinforcing that trademark protection extends beyond class boundaries where consumer confusion is likely.
Madras High Court reinforces that prior use and established goodwill of a name or mark are protectable under passing off law, even without formal trademark registration. The ruling underscores that likelihood of public confusion in the same field and locality is sufficient to grant injunctive relief, setting a precedent for unregistered mark holders.
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.