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ARTICLE · 15 SEPTEMBER 2008

Mark "TUFF" Prevails As Prior User

Lex Orbis
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The most common tests validating the existence of a trademark include that of being a prior user and having a registered trademark.

IndiaIntellectual Property
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The most common tests validating the existence of a trademark include that of being a prior user and having a registered trademark. But a scenario, wherein both exist, each in the favour of an opposing party, one of these may weigh over the other. Striking a balance between the two is the case of Pioneer Nuts and Bolts Pvt. Ltd. v. Goodwill Enterprises 2008 (37) PTC 514 (Del.)

Pioneer filed a suit against Goodwill praying for a permanent injunctive relief and delivery up in respect of its trademark. In the present case, they seek an ad-interim temporary injunction, which had been granted earlier, but the order was vacated owing to non-compliance with the relevant provisions of the Civil Procedure Code.

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