https://www.taxtmi.com/caselaws?id=196707 In a trademark dispute over the NODDY mark used for character merchandising, the Delhi HC considered whether interim injunction should restrain the defendants' use despite rival registrations and claims of prior use. The plaintiff showed reputation and sales, but failed to prove earlier commercial exploitation in India or objective evidence of Indian user before the defendants' use and registration. The defendants relied on a registered mark and materials indicating use from at least 1995. At the interlocutory stage, prior use was the decisive consideration, and dilution relief against a registered proprietor was not established. The injunction application was dismissed. en-us Thu, 15 Apr 2010 00:00:00 +0530 Tue, 12 Dec 2017 17:39:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196707 In a trademark dispute over the NODDY mark used for character merchandising, the Delhi HC considered whether interim injunction should restrain the defendants' use despite rival registrations and claims of prior use. The plaintiff showed reputation and sales, but failed to prove earlier commercial exploitation in India or objective evidence of Indian user before the defendants' use and registration. The defendants relied on a registered mark and materials indicating use from at least 1995. At the interlocutory stage, prior use was the decisive consideration, and dilution relief against a registered proprietor was not established. The injunction application was dismissed. Case-Laws Companies Law Thu, 15 Apr 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196707