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Lt Overseas North America Inc & Anr. vs Krbl Limited on 24 February, 2023 cites

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

In Marico Limited (supra), the Court had held that the appellant therein was not entitled to succeed in an infringement action, also because the use by the respondent therein was in furtherance of its statutory rights of the use of the word which is descriptive of the kind, quality, intended purpose or characteristic of the goods. It was held that merely because the appellant therein states that the respondent is using the word as a trade mark, the same should not be taken as infringement of the trade mark of the appellant. Such use would fall within the mischief of Section 30(2)(a) of the Act and the respondent/defendant is always fully justified and is entitled to use the descriptive words in any and every manner that it so chooses and pleases to do. Such use can be described as being "bona fide‖. In fact, it was held that there is ordinarily no lack of bona fides in using the normal descriptive words.
Delhi High Court Cites 31 - Cited by 60 - V J Mehta - Full Document

Red Bull Ag vs Pepsico India Holdings Pvt Ltd & Anr on 6 April, 2022

In Red Bull AG (supra), the Court was considering the plaintiffs registered trade mark/tagline "VITALIZES BODY AND MIND" and its claim for injunction against the defendant using the tagline "STIMULATES MIND. ENERGIZES BODY". The Court found that the plaintiff was using its own tagline in a manner so as to describe the attributes or quality of its drink. The Court found that the plaintiff‟s tagline therein had a direct reference to the products of the plaintiff therein and to its quality, intended purpose, values, and other Signature Not Verified Digitally Signed By:RENUKA NEGI CS(COMM) 347/2022 Signing Date:25.02.2023 Page 18 of 31 13:40:45 Neutral Citation Number: 2023/DHC/001304 characteristics. In my prima facie opinion, the same cannot be said in the present case.
Delhi High Court Cites 26 - Cited by 7 - A Bansal - Full Document
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