Judgement Date:21.09.2022
Case No. CS COMM 363 OF 2022
Hon'ble High Court of Delhi
Navin Chawla,H.J.
Vasundhara Jewellers Vs Kirat Vinodbhai Jadvani
Plaintiff Trademark: VASUNDHARA
Plaintiff's Product: Jewellery
Plaintiff is registered proprietor of VASUNDHARA Composite Label
Defendant's Trademark: VASUNDHARA FASHION
Defendant's Product:Textile product
Injunction refused on the following ground.
1. VASUNDHARA is common name.
2. Plaintiff does not have word per se registration. Its only have label registration. Hence by virtue of Section 17,it can canot assert individual right in the Trademark VASUNDHARA.
3. Goods of the Plaintiff and defendant are thought , cognate, still not identical.
4. Plaintiff is based in Delhi, while Defendant is based in Gujarat
Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539
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