“Res Ipsa Loquitor” Revisited In Awarding Injunction To “Diamond” TM

Res ipsa loquitur is a legal term from Latin meaning, "the thing itself speaks". Being significantly applied in tort law, the principle first found place in the 1863 English case of Byrne v. Boadle. While the principle of "prima facie" case is used to determine an application for injunction, it differs from res ipsa loquitor inasmuch as the term prima facie means that there is enough evidence for there to be a case to answer, while res ipsa loquitor means that because the facts are so obvious, a party need explain no more.

The High Court of Delhi addressed the pending applications in two cross-suits between against M/s Gandhi Scientific Company (Plaintiffs in CS (OS) No.1192/2007) and Shri Gulshan Kumar (Plaintiffs in C.S.[OS] No.382/2008) praying for permanent injunction for the infringement of copyright, passing off and damages, with respect to the admittedly identical trademark and copyright in "Diamond". Both parties claim to be prior user in respect of which