Trademark infringement and dilution over a near-identical logo led to ex parte ad interim injunctive relief.

In a trademark infringement dispute over a Form Strip Logo, the Delhi HC found that the plaintiffs had shown prior adoption, continuous use, registration, goodwill, and mark recognition. On the pleadings and the products shown at hearing, the defendants' logo was almost identical to the plaintiffs' registered logo, and its use on identical goods was capable of causing infringement and dilution. The Court therefore granted ex parte ad interim injunction relief, restraining the defendants from manufacturing, selling, marketing, or offering for sale goods bearing the impugned logo or any identical or deceptively similar form strip logo.

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Issues: Whether the plaintiffs had made out a case for grant of an ex parte ad interim injunction restraining the defendants from using a form strip logo identical or deceptively similar to the plaintiffs' registered Form Strip Logo.

Analysis: The plaintiffs asserted prior adoption, long continuous use, registration of the Form Strip Logo, substantial goodwill, and recognition of the mark as a well-known mark. On examination of the pleadings and the products produced during hearing, the Court found that the defendants' logo was almost identical to the plaintiffs' Form Strip Logo and that continued use of such a logo on identical goods was capable of causing infringement and dilution.

Conclusion: The plaintiffs were entitled to ex parte ad interim injunctive relief, and the defendants were restrained from manufacturing, selling, marketing, or offering for sale goods bearing the impugned logo or any identical or deceptively similar form strip logo.

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