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So long as others do not use the mark, or any similar mark, the Delhi High Court opined that a finding of non-distinctiveness can ordinarily not be returned as, howsoever innocuous a mark may appear to be, if it is used only by one person, it would, in plain etymological terms, be distinctive.
The Delhi High Court opined that Jindal Sanitaryware (P) Ltd. will not be subjected to any serious prejudice if it was restrained from using ‘JINDAL' on its PVC pipes, as it was already using the mark ‘J PLEX ', which was registered in its favour for PVC pipes.
The Delhi High Court dismissed Subway's plea for injunction for its mark “SUBWAY” against Infinity Food's mark “SUBERB” in a trade mark infringement case and held that the appearance of Infinity Food's red and white “SUBERB” mark could not be said to be deceptively similar to Subway's device mark, “SUBWAY”.
The Court observed that Khadi & Village Industries Commission holds registration for its wordmark KHADI, label mark and device mark, for a plethora of classes and not limited to cloth or textile products.
Delhi High Court: In a case where application was filed under Order 39 Rules 1 and 2 read with Section