Time and again, it has been held by various courts that an
unreasonable delay in enforcing a legal right by a person amounts
to acquiescence, which can be fatal to a case for the grant of an
interim injunction. In a recent trademark case, the High Court of
Delhi reiterated that the Plaintiff, being aware of the
Defendant's adoption of a similar mark, did not bother to
conduct due diligence about the use of the mark; as a result of
which the Plaintiff was bound to suffer the consequences of delay
in seeking injunction.
Background
On 6 May 2020, the High Court of Delhi, in the case of
Ajanta Pharma Ltd. vs Zuventus Healthcare Ltd. – CS
(COMM) 336/2019, refused to grant an interim injunction in a
trademark infringement case involving two pharmaceutical companies
despite finding a deceptive similarity between the two marks in
question (ANADAY vs AMADAY). The Court arrived at this conclusion
based on its prima facie finding that the parties were
selling the medicines
