- Court
- Delhi High Court
- Date of judgment
- Judge
- C. Hari Shankar
- Outcome
- Remanded
Headnote
Appeal allowed and an injunction set aside for want of any finding on goodwill. The Division Bench held that in passing off the plaintiff must establish sufficient goodwill and reputation in the asserted mark before the defendant's user commenced, a position crystallised by the Supreme Court in Toyota and Pernod Ricard, and that the Commercial Court had made no examination of goodwill at all. It declined to remand for a finding, holding that no case was made out even on misrepresentation or deceptive similarity.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.