Delhi High Court denies injunction to Times Group for its claim of ‘prior use’ of logo “NOW”, “E NOW” “E-NEWS NOW”
The Court opined that whether a mark is common to trade or not is a question of fact. Similarly, a mark may be a trademark in some jurisdictions and ‘publici juris’ in others, but a mark that may be common to trade at one time may become distinctive over a period, or vice versa.