Case Title: Selle Royal Group SpA. Vs Royal Group :Date of Order: May 28, 2025:Case Number: C.O.(COMM.IPD-TM) 196/2022:Neutral Citation: 2025:DHC:4526:Name of Court: High Court of Delhi:Name of Judge: Hon'ble Justice Mr. Saurabh Banerjee
Brief Facts: Selle Royal Group, an Italian company, uses the trademark "fi’zi:k" globally since 1995 for bicycle accessories and footwear, with extensive use and reputation established since 2004 in India. The respondent, ACE Footmark, registered "FIZIKFREAK" in 2017 for footwear, which Selle Royal claims is confusingly similar to "fi’zi:k," and was registered later. The company sought cancellation of the respondent’s registration to protect its brand.
Decision & Law: The Court held that the respondent’s mark "FIZIKFREAK" was deceptively similar to the registered "fi’zi:k," and the registration was liable for cancellation due to lack of honest use, deliberate copying, and reputation established since 1995. The Court directed the Registrar of Trade Marks to cancel the registration and remove "FIZIFREAK" from the register, emphasizing the protection of prior rights and trademarks.
