Round Up of Developments in Intellectual Property

Interim Injunction in favour of Delhivery Private Limited vacated on account of ‘generic’ nature of trade mark ‘DELHIVERY’

The High Court of Delhi by way of its order dated October 13, 2020, vacated the interim injunction dated granted in favour of Delhivery Private Limited (“DPL”) and against Treasure Vase Ventures Private Limited (“TVVPL”) on the ground that DPL’s mark ‘DELHIVERY’ was generic in nature and that it was not capable of being inherently distinctive.

DPL in its suit claimed that the use of the trade mark ‘DELIVER-E’ by TVVPL for similar services, i.e. delivery and logistics services was tantamount to infringement and passing of its statutory and proprietary rights in the mark ‘DELHIVERY’. DPL claimed that its trade mark ‘DELHIVERY’ was adopted in the year 2008, and that it had by virtue of continuous and extensive of the mark in relation to logistics, transportation, management services, apart from other factors, accrued substantial reputation and goodwill in the mark ‘DELHIVERY’. The use of the trade mark ‘DELIVER-E’ by the TVVPL, which was, admittedly, a former vendor of DPL, was mala fide and with an intent to ride upon the reputation and goodwill of DPL.

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