The concluding Note:
This legal saga highlights the evolving nature of trademark disputes in the
digital age. The court's decision to permit the Defendant's use of "FLY HIGH" or
"FLY HIGHER" in a non-trademark sense, including its incorporation into
keywords, advertising campaigns, and hashtags, reflects a delicate balance
between protecting intellectual property rights and fostering free expression in
the contemporary business landscape.
The Case Law Discussed:
Case Title: Franklin Aviation Services Pvt Ltd. Vs Tata Sia Airlines Limited
Date of Judgement/Order:04.12.2023
Case No. CS(COMM)54/2022
Neutral Citation No:2023:DHC:8670
Name of Hon'ble Court: Delhi High Court
Name of Hon'ble Judge: Prathiba M Singh, HJ
Disclaimer:
Ideas, thoughts, views, information, discussions and interpretation expressed
herein are being shared in the public Interest. Readers' discretion is advised
as these are subject to my subjectivity and may contain human errors in
perception, interpretation and presentation of the fact and issue involved
herein.
Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and
Trademark Attorney
Email: [email protected], Ph no: 9990389539
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