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The ruling sets a precedent for protecting established brands and upholding the integrity of trademark registration processes. The cancellation of the infringing trademark serves as a deterrent to potential trademark violators, emphasizing the importance of respecting intellectual property rights in commercial activities.
“The continued use of the impugned mark will affect the purity of the registered trade mark as the same is likely to cause deception and confusion, in terms of Section 11(2) and 11(3) of the Trade Marks Act, 1999.”
“A party can only seek permission from a Court to reserve its rights to urge a challenge at a later point of time. For that, such rights must be in existence in praesenti, when the plea is made, or should be foreseeable as arising in the future.”
“With the expansion of the internet, and access to goods and services that may originate from some distant site, a litigant is free to file an infringement, or passing off, suit, before any Court within whose jurisdiction use of the impugned mark takes place.”
In a rectification petition filed by Burger King Co. LLC against a family restaurant, the Delhi High Court stayed the operation of the mark ‘BURGER KING’ in Class 43 as it was identical to the well-known mark ‘BURGER KING’ and was likely to deceive public and create confusion.