- Court
- Bombay High Court
- Date of judgment
- Judge
- Arif S. Doctor
- Outcome
- Rectification allowed
Headnote
Four registrations removed from the Register. Beyond finding the adoption dishonest, the Court gave a wide reading to what counts as use: the expression "use of a mark" under section 2(2)(c) is of wide import and, in the context of services, includes reference to the availability, provision or performance of services in India, so it is not confined to direct sales but extends to demonstrable market presence and the offering of services. The petitioner had shown international use since 1971, Indian registrations dating to 1989, India-specific domain registrations from 2006, franchise and sub-franchise arrangements operating here since 2007, and media presence on Indian platforms, which distinguished the authorities on stray or sporadic references to foreign reputation. Decisions arising in infringement and passing off actions were held to be of no assistance in a rectification action.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.