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Documents citing Marico Limited vs Agro Tech Foods Limited on 1 November, 2010

Soothe Healthcare Private Limited vs Dabur India Limited on 3 March, 2022

In my view, the present case is covered on all fours by the judgments in Marico Ltd. vs. Agro Tech Foods Ltd. (supra) and Ultratech Cement Limited Grasim Industries Limited vs. Dalmia Cement Bharat Limited and Ors (supra). I have already held that the word „Super‟ is a descriptive and a laudatory word of the English language. Furthermore, it is common to the trade. Therefore, the plaintiffs cannot have the exclusive right to use the word „Super‟ and would not to be entitled to grant of injunction in terms of Sections 28, 29 and 30 of the Act. Even otherwise, the word „Super‟ is not a CS(COMM) 18/2022 Page 14 of 17 Signature Not Verified Digitally Signed By:MAMTA ARYA Signing Date:03.03.2022 12:57:08 distinctive or the essential part of the composite marks registered by the plaintiff. Therefore, in terms of Section 17(2) of the Act, the plaintiff is not entitled to grant of injunction in respect of the word „Super‟.
Delhi High Court Cites 23 - Cited by 3 - A Bansal - Full Document

Astral Ltd vs Ashirvad Pipes Pvt Ltd on 23 February, 2023

Relying upon the judgment of a Division Bench of this Court in Marico Limited v. Agro Tech Food Limited, 2010 (44) PTC 736 (Del) DB, the application for interim injunction was dismissed. It was held, inter alia, that since the word 'SUPER' is being used in a laudatory manner, it is devoid of any distinctive character and incapable of distinguishing the goods of the plaintiff from that of others, and therefore, even if the plaintiff had obtained registration in respect of the mark 'SUPER', it would not give the plaintiff exclusive right to use the mark 'SUPER'. It was further noted that the fact that the house mark is written in a slightly smaller font would not make a material difference. One of the other grounds for denying injunction was that the defendant in the said case was using the mark 'SUPER PANTS' along with its house mark 'Dabur'. The relevant observations of the said judgment are set out below:
Delhi High Court Cites 8 - Cited by 0 - A Bansal - Full Document
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