Mark used for different class of goods/services would not be detrimental to the purported distinctive character or repute
SUPREME COURT in it's Order dated 26 July, 2018 held that use of the mark "NANDHINI" for Restaurant Services and running Hotels is not detrimental to the repute and usage of the mark "NANDHINI" for Milk and Milk Products. VS. In M/S. Nandhini Deluxe vs M/S. Karnataka Cooperative Milk., l ong legal battle for Trademark Registration of Nandhini Trademark for Restaurant and Hotel business has been successful for M/s. Nandhini Deluxe. The Supreme Court observed that all the ingredients laid down in Section 11(2) of the Act, as explained by the Delhi High Court in Nestle India Ltd., have not been satisfied. We are not persuaded to hold, on the facts of this case, that the appellant has adopted the trade mark to take unfair advantage of the trade mark of the respondent. We also hold that use of ‘NANDHINI’ by appellant in respect of its different goods would not be detrimental to the purported distinctive character or repute of the trade ...