https://www.taxtmi.com/caselaws?id=326318 In a passing off dispute over a software feature name, the Delhi High Court noted that an ex parte ad-interim injunction can continue only if the claimant shows a strong prima facie case that the expression functions as a distinctive trademark rather than a descriptive reference to functionality. The court found that the contested words were plausibly descriptive and that distinctiveness had not been clearly established at this stage. It also held that prior user and suppression were not finally proved on the existing record, though they raised factual questions needing fuller pleadings and response. The interim injunction was vacated and further interim relief was left for trial court consideration. en-us Thu, 07 Apr 2016 00:00:00 +0530 Wed, 13 Apr 2016 09:57:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=326318 In a passing off dispute over a software feature name, the Delhi High Court noted that an ex parte ad-interim injunction can continue only if the claimant shows a strong prima facie case that the expression functions as a distinctive trademark rather than a descriptive reference to functionality. The court found that the contested words were plausibly descriptive and that distinctiveness had not been clearly established at this stage. It also held that prior user and suppression were not finally proved on the existing record, though they raised factual questions needing fuller pleadings and response. The interim injunction was vacated and further interim relief was left for trial court consideration. Case-Laws Indian Laws Thu, 07 Apr 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=326318