Living Media India Ltd. & Anr. vs Alpha Dealcom Pvt. Ltd. & Ors. on 19 February, 2014
36. Counsel for defendants nos. 1 and 2 in his rebuttal has reiterated
the arguments already advanced by him and has further placed reliance
on the judgments of Khadi & Village Industries Commission Vs.
Registrar of Trademark 2025 SCC Online Bom 179; Subway IP LLC
vs. Infinity Food & Ors. 2023:DHC:269; Yatra Online Ltd. vs. Mach
Conferences & Events Ltd 2025: DHC:7167; Living Media India Ltd.
& Anr vs. Alpha Dealcom Pvt. Ltd. 2016:DHC:747-DB and Vasundhra
Jewellers Pvt. Ltd. Vs. Vasundhra Fashion Jewellery LLP and
Anr.2023:DHC:4960 to argue that no exclusive right to use the
common/generic name can be granted to a party and further that
infringement of Trademark Act can only be a registered trademarks and
the device mark has to be considered as a whole.