Injunction granted against an entity using Identical Trademarks
In the Dharampal Satyapal v. Mr. Rajeev Kumar & Anr. case, the Dharampal Satyapal Group filed a lawsuit claiming the statutory rights vested in its trademark, copyright and other allied rights in the well-known mark CATCH, and its associated labels amongst other reliefs against this entity using the mark CATCH or labels / / for dealing with “Digital Satellite Receivers”. Owing to the insurmountable reputation of the Plaintiff’s CATCH trademarks in the food & beverage industry itself, Justice Manmohan granted an injunction against this entity using an identical mark in relation to different goods under the ambit of Section 29(4) of the Trademarks Act, 1999. Additionally, the Single Judge also acknowledged the prima facie well-known character of the Plaintiff’s CATCH trademarks!