Bombay High court in a recent infringement suit granted Interim injunction to Mumbai’s Regal footwear against Pune Footwear company from using the trademarks Regal.
Held that a case of Passing Off has been made out by the Plaintiffs considering that the mark are identical and even the goods are Identical, the Plaintiff being the senior user using the mark since 1954 have made out a Prima facie case whereas the Defendants are Junior in use and the defendants have failed to establish honest concurrent use as well as its case of acquiescence. Even the court on allegation of non disclosure of the knowledge of the defendants by Plaintiffs , the court held that the non disclosure was irrelevant and at most can imply delay which is not a defense in an infringement suit.