In cases of dilution of well-known trademarks, the question of
deceptive similarity or element of deception may not be a necessary
consideration. Dilution of a registered trademark arises when the
use by the defendant is likely to be detrimental to the reputation
and distinctive character of that mark. If such infringing mark is
allowed to be used on products, which do not originate from the
true owner, the same may diminish the ability of that mark to
identify the source of the goods, besides lowering its reputation
in case their quality is not of expected standard.
The Delhi High Court in March 2020 in Bayerische Motoren
Werke AG v. Om Balajee Automobile (India) Private Limited,
deciding on an application for ad-interim injunction, restrained
the latter (defendant) from using the mark
'DMW" for E-Rickshaws, etc. It all
started when the plaintiff in July 2016 became aware of the
defendant's E-Rickshaws with the trademark DMW plying on the
road and as a result sent a
