Defence of Prior Use Not Allowed When Use of Mark Was Intermittent and Not Voluminous: Delhi HC [Read Judgment]

Delhi High Court has held that when the use of mark has been intermittent and not voluminous, the defence of prior-use under the Trade Marks Act cannot be allowed to sustain. While rejecting the claim for permanent injunction, the Single Bench of Justice Mukta Gupta noted that when the trademark is not descriptive or has no distinctiveness, the claim for injunction doesn't...