delhi high court
Case BriefsHigh Courts

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.

Case BriefsHigh Courts

The trademark RAJNIGANDHA has been declared as a well-known mark by this Court and is entitled to a high degree of protection. The impugned mark is visually and structurally deceptively similar to the Plaintiffs’ trademark.