- Case number
- CS(COMM) 480/2024
- Court
- Delhi High Court
- Date of judgment
- Judge
- Manmeet Pritam Singh Arora
- Outcome
- Dismissed
Headnote
Interim injunction refused. The plaintiff's case rested on a blank geometric pentagonal structure said to be a dominant element of its registered marks, but the Court found prima facie that it had not established this: the feature is not used separately and independently so as to create any association in the public mind, and no goodwill in the bare shape was proved. The extent of sales attributable to the shape as opposed to the BRITANNIA wordmark was left as a question for trial. The defendant had adopted its mark in October 2022 and the suit was filed only in May 2024, with no evidence that the plaintiff's sales had suffered.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.