- Court
- Delhi High Court
- Date of judgment
- Judge
- Vibhu Bakhru
- Outcome
- Injunction granted
Headnote
Appeal allowed, refusal of an interim injunction set aside, and the respondent restrained from using AMMAJI until disposal of the suit. The appellant had used AMBA and AMBA SHAKTI since 1993 with turnover of over Rs. 358 crore in 2022-23, against the respondent's adoption in about May 2023 and turnover of some Rs. 42 crore. The respondent's explanation that AMMAJI honoured the grandmother of a director's husband was held unpersuasive given the similarity in the structure and colour configuration of the competing marks, supporting the inference that a recent entrant had adopted the mark to take unfair advantage of the appellant's goodwill. The Division Bench also held that even where a registered proprietor has not acted promptly, an injunction may issue because the interest of consumers in avoiding confusion is itself a material factor.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.