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Ad Interim Injunction Against Registered Proprietor Of Trademark

'In a recent trademark dispute between the plaintiff's mark "LACY" and the defendant's mark "LECY," the court granted an ad interim injunction against the defendant, despite them being the registered proprietor of the trademark. This case raises important legal considerations regarding passing off relief and the obligations of registered trademark proprietors.

Background of the Dispute:
The plaintiff adopted the trademark "LACY" in 2006 and has been extensively using it since then for their snack products. On the other hand, the defendant's trademark "LECY" bears close similarity to the plaintiff's mark. Moreover, the defendant provided contradictory information regarding the use of their trademark, casting doubt on the legitimacy of their claims.

Substantial Reputation and Misrepresentation:

The court recognized the plaintiff's substantial efforts in advertising and promoting their products under the trademark "LACY." The defendant's use of a confusingly similar mark, coupled with false claims regarding the duration of use, suggests an intentional attempt to misrepresent their products as those of the plaintiff.

Passing Off Relief against Registered Proprietor:
Despite being the registered proprietor of the trademark, the defendant was restrained from using the impugned mark. This decision underscores the principle that passing off relief can be granted against a registered proprietor if they engage in conduct that deceives or causes confusion among consumers, thereby unfairly exploiting the reputation of another's mark.

Contradictory Claims and Lack of Substantiation:
The court noted the defendant's contradictory statements regarding the duration of use of their trademark. Failure to provide sufficient documentation to substantiate their claims further weakened their defense and supported the grant of ad interim injunction in favor of the plaintiff.

This case highlights the court's willingness to grant ad interim injunctions against registered proprietors of trademarks when they engage in conduct tantamount to passing off. It emphasizes the importance of protecting established reputations in the marketplace and the need for trademark proprietors to maintain transparency and credibility in their claims of use.

Case Title: Serveshwar Food Products Pvt. Ltd vs Mr. Sachin Gupta
Order Date: 06.03.2024
Case No. CS COMM 200 of 2024
Neutral Citation:NA
Name of Court: Delhi High Court
Name of Hon'ble Judge:Sanjeev Narula, H.J.

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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