The Weekly Obiter

M/S THREE-N-PRODUCTS PVT. LTD. VS M/S KAIRALI EXPORTS AND ANR.—03 JANUARY , 2018

January 22, 2018

The plaintiff filed the suit seeking permanent injunction restraining the defendants from passing off, infringement of trademark and for rendition of account, etc on the ground that the plaintiff was the pri-or adopter of the mark “AYUR”, which was denied by the Court as the word AYUR was neither an in-vented word nor associated only with the goods of the plaintiff as claimed and the word “AYUR” has been used historically and is derived from the Hindu Vedic Texts. The Court held that a generic or descriptive mark has lesser legal protectability and a higher burden of proof on the person claiming distinctness, in light of which the defendant’s mark “AYURVASTRA” is completely distinct from that of the plaintiff in its style, design and getup making the explanation for its adoption reasonable and thus dismissed the plaintiff’s application. 

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