M/S Glambirds Entertainment v. M/S Glam X Entertainment & Anr.
Case brief
What is this about?
The High Court of Delhi disposed of an appeal against an order dismissing an application for injunction. The court held that the appellant failed to prove exclusive distinctiveness for 'Glambirds' and found no distinct similarity between 'Glambirds' and 'GLAM X'.
What the court decided
$~15
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- % Judgment delivered on: 09.01.2018
- FAO 13/2018
M/S GLAMBIRDS ENTERTAINMENT
..... Appellant
Through: Mr. Ketan Malhotra, Advocate.
versus
M/S GLAM X ENTERTAINMENT & ANR
..... Respondents
Through:
CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI
NAJMI WAZIRI, J (Oral)
Issues for consideration
3 issues framed by the court
Whether the high court should interfere with the lower court order dismissing the interlocutory application for injunction against the use of the trademark 'GLAM X' by the respondent.
Whether the appellant has acquired exclusive distinctiveness or secondary meaning for the trademark 'Glambirds' despite its relatively short period of use since 2010.
Whether the allegedly infringing mark 'GLAM X' is distinctively similar to the registered trademark 'Glambirds' either visually or phonetically.
Parties & counsel
- appellant
M/S GLAMBIRDS ENTERTAINMENT
- respondent
M/S GLAM X ENTERTAINMENT
Coram
NAJMI WAZIRI
Case details
As recorded by the court registry
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