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Judgement Date:09.09.2022
Case No. CS (Comm) 359 of 2020
Hon'ble High Court of Delhi
Asha Menon , H.J
Star Television Productions Limited Vs Eurosport & Ors
Plaintiff's Trademark: STAR TV and STAR DEVICE
Plaintiff's business and Service: TV Channels
Defendant's Trademark: EUROSPORT and STAR DEVICE
Defendants business and Service: Sports television channels
Refusal of Interim Stay by IPAB in a cancellation petition can not oust the discretion of plaintiff to file suit for infringement and ask for interim relief. Para 64, 68,69.
Trademark of both the parties are registered. However still Plaintiff can ask for passing off. Para 72.
By use of Trademark EUROSPORT by the Defendant, possibility of confusion can not be ruled out. Para 76.
Word STAR is unique word in relation to broadcasting channels of the plaintiff. Para 77.
The defendants have no explanation for choosing the Single Star logo. Para 77
Though there was disclaimer on the Plaintiff's Trademark, however in the relevant class and goods, i.e 09,38 and 41 , there was no any disclaimer. Hence the same does not amount to be material one. Para 78.
The Plaintiff has agreed in the settlement that Defendant may use EUROSPORT, which is not similar to Star Mark of Plaintiff in India. However the Defendant did not comply with the said clause. Para 85.
Defendant was restrained.
Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539
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