Judgement date:28.10.2022
Suit No. CS Comm No. 54 of 2022
Name of Court: High Court of Delhi
Name of Hon'ble Justice: Jyoti Singh H.J.
Case Title: Frankfinn Aviation Services Pvt. Ltd. Vs Tata Sia Airlines Ltd.
Plaintiff's Trademark: FLY HIGH
Plaintiff's business and Services: imparting training in hospitality, aviation, travel management and customer service
Plaintiff's user: Since 2004
Defendant's Trademark: FLY HIGHER with VISTARA
Defendant's business and Services. Operating a full Airline services.
Defendant's claimed user: 2018
Though Plaintiff was holding registration for the Trademark FLY HIGH , the Hon'ble High Court of Delhi was pleased to vacate the injunction granted in favour of the Defendant and against the Plaintiff on the following grounds:
1.Plaintiff's Trademark FLY HIGH was highly descriptive and laudatory in relation to the goods and services, the Plaintiff was dealing with.
2.The teem of the Defendant FLYING HIGHER was used in conjunction with its Well Known Trademark VISTARA.
3.The Defendant was using the term FLYING HIGHER not in a Trademark significance but as a descriptor.
4. Trademark FLY HIGH/FLYING HIGHER has been filed in the name of various parties in the records of Trademarks Registry.
5.Trademark FLY HIGH/FLYING HIGHER is common to Trade and it has been used by various parties.
6.Plaintiff suppressed this fact that it has disclaimed HIGH word in the Trademark FLY HIGH.
7.Competing business, services and Trade Channel of the Plaintiff and the Defendant are Different.
8. The Defendant does not deal with the classes in which the Plaintiff holds registration , i.e. Class 16 and 41.
9.The Plaintiff does not hold registration in the class 12 and 39 in relation to goods and business, the Defendant deals with.
10.It can not be said that the Defendant is guilty of misrepresentation.
11.The use of term FLYING HIGHER does not amount to be use in a manner which render it as a Trademark use.
Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539
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