TTK Prestige Ltd. v. K.K. and Company Delhi Pvt.
Ltd.1
Introduction
Recently, Hon'ble Mr. Justice Amit Bansal, IP Division,
Delhi High Court vide his judgement dated February 20, 2023,
provided protection to TTK Prestige's registered trademark
'PRESTIGE' in a trademark infringement and passing off suit
filed against an entity named K.K. and Company for using the device
mark
for selling gas stoves.
Brief facts of the case:
The Plaintiff claimed to be in the business of manufacturing a
range of kitchen home appliances including pressure cooker, gas
stoves, non-stick cookware, induction etc., under the mark
'PRESTIGE' since 1955, having earliest registration of the
word mark in classes 8 and 21 since 1949. Plaintiff obtained
registration of the word mark 'PRESTIGE' in respect of
'installation for cooking' in class 11 on June 16, 1981, on
a 'proposed to be used basis'. Thereafter, on September 23,
1999, the Plaintiff also obtained registration of the word