Lex Orbis reports about a recent case of Kirorimal Kashiram Marketing and Agencies Pvt. Ltd. v. Shree Sita Chawal Udyog Mill FAO (OS) No. 286/2008 the Delhi High Court reaffirmed the fact that the essential or fundamental feature of a mark cannot be copied. The dispute was with regard to label marks “Golden Deer” and “Double Deer”, wherein Golden Deer was the registered trademark of Kirorimal Kashiram the appellants/plaintiff in the instant suit.

The Single judge dismissed the application of the Plaintiff seeking interim injunction on the grounds that the marks were not confusing. The order of the Single Judge went on to describe the mark and elaborated that [...]

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