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The Delhi High Court has held that defence of prior use cannot be accepted when the use of the mark is intermittent and not voluminous. (Pep Industries vs Kurlon)
It has also held that there could be no injunction in case when a registered trademark is merely a descriptive mark having no distinctiveness.
The order was passed by a Single Judge Bench of Justice Mukta Gupta in a suit for permanent injunction by Peps Industries (Plaintiff) against Kurlon Ltd (Defendant) in connection with the former’s registered mark, ‘NO TURN’.