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ARTICLE · 15 JULY 2008

"Evergreen" Under The Infringement Encroachment

Infringement actions in the sphere of trademarks hover the litigation scenario – the depletion of goodwill and repute being the cause of primary concern. Marks face maximum threat when consumers are likely to draw a connection between the impugned and infringing marks.

IndiaIntellectual Property

Infringement actions in the sphere of trademarks hover the litigation scenario – the depletion of goodwill and repute being the cause of primary concern. Marks face maximum threat when consumers are likely to draw a connection between the impugned and infringing marks. Granting injunction against the use of one such mark, is the recent decision of the Delhi High Court, in Evergreen Sweet House v. Evergreen and Others [CS (OS) 1154/2005].

Evergreen Sweet House, (hereinafter Sweet House), a popular store in New Delhi, is engaged in the business of preparing and selling rich traditional Indian sweets of renowned taste and quality. The business was unhindered by the death of the original founder and has been functioning under the trading style/trademark 'EVERGREEN SWEET HOUSE', since its inception. Besides marketing their products wholesale to their varied customers in India and abroad, they also

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