S. Syed Mohideen vs P. Sulochana Bai on 17 March, 2015
5. Learned counsel for the defendant contends that the defendant is using
the trademark since the year 2007 prior to the filing date of the application
of the plaintiff wherein the mark „NO TURN‟ is proposed to be used, thus,
the defendant is clearly protected being a prior user. Further the defendant
uses the „NO TURN‟ mark along with its brand KURLON which is a well-
established and reputed brand in mattresses and hence there can be no
confusion. Reliance is placed on the decisions reported as (2016) 2 SCC
683 S. Syed Mohideen vs. P. Sulochana Bai and 2019 SCC OnLine Del 7644
Intercity Hotel GMBH vs. Hotel Intercity Delhi & Ors.