Newsletter - July, 2024

Delhi High Court grants injunction in favour of the well-known tradename and trademark “MAERSK”

[A.P. Møller Mærsk A/S & Anr. V. Maersk Pharma Private Limited (CS(COMM) 555/2024)]

Recently, the Hon’ble Delhi High Court observed that the trademark and tradename “MAERSK” is a well-known trademark and its usage by the Defendant amounts to infringement and passing off of the Plaintiff’s trademark and tradename “MAERSK”. Here, the Defendant had incorporated the Plaintiffs’ registered trade mark ‘MAERSK’ as a prominent and dominant part of its company name i.e. Maersk Pharma Private Limited. Further, the Hon’ble Court held that there is a strong likelihood that both members of the trade as well as members of the general public associate and identify the said trade name and the trademark ‘MAERSK’ with only the Plaintiffs. Ultimately, the Court held that though the use of the impugned trade name and the impugned mark ‘MAERSK’ by the Defendant is for different products falling in a different class, considering the rich long past, prior adoption and prior registrations in the trade name and the trade mark ‘MAERSK’ by the Plaintiffs coupled with the worldwide usage

Adidas v. Adidas: Delhi High Court granted Permanent injunction in favour of Adidas AG

[Adidas AG v. Keshav H. Tulsiani (2024: DHC:5361)]

Recently, the Delhi High Court granted permanent injunction in favour of the Adidas AG protecting its registered trademark ‘Adidas’ against use of an identical mark ‘ADIDAS’ by the Defendant. The Defendant was also using the phonetically and structurally similar trademark Adidas for textiles. Interestingly, the Defendant pleaded that his adoption of the trademark ‘Adidas’ was bona fide. It was pleaded that since childhood, the Defendant had deep admiration for his elder sister whom he addressed as ‘Adi’ and that his admiration was so profound that he was often referred to as her ‘Das’. Consequentially, the term ‘Adidas’ was conceived by the Defendants to reflect this familial devotion. The Hon’ble Court rejected this flimsy argument and granted injunction in favour of Adidas AG.