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ARTICLE · 03 APRIL 2023

Heated Battle Over Gas Stoves: Whose ‘Prestige' Is This?

S.S. Rana & Co.
S.S. Rana & Co.
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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 ...

IndiaIntellectual Property

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 1300614a.jpg 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

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