- Court
- Delhi High Court
- Date of judgment
- Judge
- C. Hari Shankar
- Outcome
- Injunction refused
Headnote
Appeals partly allowed and an interim injunction in a passing off counterclaim set aside. The Division Bench held that the Commercial Court had done no more than catalogue the documents and recite sales figures without analysing whether those figures translated into goodwill or reputation in the mark, and without determining whether such goodwill had been acquired before the appellant's adoption. Following Pernod Ricard, that finding is the foundational requirement for passing off, and in its absence the injunction could not stand.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.