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Mark used for different class of goods/services would not be detrimental to the purported distinctive character or repute

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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., long 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 mark of the respondent. It is to be kept in mind that the appellant had adopted the trade mark in respect of items sold in its restaurants way back in the year 1989 which was soon after the respondent had started using the trade mark ‘NANDINI’. There is no document or material produced by the respondent to  show that by the year 1989 the respondent had acquired distinctiveness in respect of this trade mark, i.e., within four years of the adoption thereof. It, therefore, appears to be a case of concurrent user of trade mark by the appellant.


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