- Court
- Delhi High Court
- Date of judgment
- Judge
- C. Hari Shankar
- Outcome
- Suit decreed
Headnote
Appeals partly allowed in long-running litigation between two crocodile device proprietors. The Division Bench held that infringement of the trade mark and of copyright in the device was established and upheld the decree of permanent injunction, and found no acquiescence that would disentitle the plaintiffs to relief. The claim in passing off, however, was not maintainable because goodwill had not been established, which is a reminder that registration carries the infringement claim but not the common law action. The findings on costs were set aside: the suit had been partly decreed in favour of the defendants, and there had been an eleven year delay in examining a key witness, so it would not be just for the defendants to bear the entirety of costs.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.