- Case number
- CS(COMM) 252/2019
- Court
- Delhi High Court
- Date of judgment
- Judge
- Jyoti Singh
- Outcome
- Suit decreed
Headnote
Suit decreed against an ex parte defendant that had organised a beauty pageant under a mark consisting of the plaintiffs' registered mark with a prefix added. On the test for infringement, the Court held that the duration of confusion is immaterial: the fact that a customer is confused even momentarily is enough, and that closer examination and enquiry might later dispel the confusion does not detract from the similarity that caused it. Initial interest confusion in the mind of an unwary customer was made out. Adoption was dishonest and intended to show an association, which also amounted to passing off.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.