The Delhi High court reiterated that “The fact that the parties are operating in different lines of business may not be a good defence in an action brought by the Proprietor of a well-known mark. The well-known mark is said to be mark which signifies the certain qualities that transcend the good and services for which it is registered. The possibility of confusion being caused in the minds of an average consumer in the countries other than the country of origin has to be acknowledged.”
United Spirits Vs. Som Fragrances Pvt. Ltd. & Ors., dated 28.04.21.
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