- Court
- Rajasthan High Court
- Date of judgment
- Judge
- Sanjeet Purohit
- Outcome
- Disposed of
Headnote
First appeal dismissed and a decree of permanent injunction in passing off upheld between two businesses trading under the same name. The defendant's claim to derive rights from an alleged prior user through an oral and later written authorisation failed because the purported executant was never examined and no witness spoke to the document's authenticity or execution, leaving it an unproved piece incapable of being read in evidence. The defendant's own trade mark application disclosed use only from 2009, an unequivocal admission of subsequent adoption. The Court applied the classical trinity of goodwill, misrepresentation and likelihood of damage, and the principle that prior use prevails over later adoption, registration or permission from third parties.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.