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Moonshine Technology Private Limited vs Tictok Skill Games Private Limited & ... on 31 January, 2022

- CricketBaazi; Times Internet Limited - Mobile App - BaaziNow; Dev Anand‟s film Baazi; Radio show of Music Broadcast Limited -Dialogue Baazi; and the Mobile App by Bennet Coleman & Co. Limited by the name of "BrainBaazi". It was thus clear that the word "Baazi" was incapable of obtaining a secondary meaning at least in respect of the betting services. Reliance has been placed on the decisions in Phonepe Pvt Ltd v. Ezy Services & Anr., 2021 SCC OnLine Del 2635; Godfrey Phillips India Ltd v. Girnar Food & Beverages Pvt Ltd., 1997 SCC Online Del 533; Godfrey Philips India Ltd v. Girnar Food & Beverages (P) Ltd., (2004) 5 SCC 257 and Bharat Biotech International Ltd. v. Optival Health Solutions Pvt. Ltd., 2020 SCC OnLine Del 852, People Interactive (India) Private Limited v.Vivek Pahwa & Ors, 2016 SCC Online Bom 7351 and Aegon Life Insurance Company Ltd v Aviva Life Insurance India Ltd., 2019 SCC Online Bom 1612 in support of these contentions.
Delhi High Court Cites 25 - Cited by 3 - A Menon - Full Document

Zydus Wellness Products Limited vs Cipla Health Ltd & Anr. on 3 July, 2023

34. Without prejudice, Mr. Sibal submits that, in the case of a descriptive word mark, the onus is on the plaintiff alleging passing off Signature Not Verified Signed By:SUNIL CS (COMM) 115/2023 Page 21 of 140 SINGH NEGI Signing Date:03.07.2023 15:35:51 to prove acquisition of distinctiveness, by the asserted marks, by dint of use. That, he submits, is an aspect which is required to be relegated to trial, and on which the Court cannot conceivably return a finding at the Order XXXIX stage. He relies, for this purpose, on para 70 of the decision of this Bench in Phonepe Pvt Ltd v. Ezy Services26 and para- 30 of the decision of a coordinate Single Bench of this Court in Red Bull AG v. Pepsico India Holdings Pvt Ltd27 , as well as the judgment of the Supreme Court in J.R. Kapoor v. Mirconix India28.
Delhi High Court Cites 83 - Cited by 2 - C H Shankar - Full Document
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