Skip to main content

Prachi Agarwal talks about the recent decision of the Delhi High Court in a case involving identical registered trademarks, and the remedy of passing off available for both registered proprietors.

In a recent decision dated 26th September 2017 of M/s Ishar Dass Amir Chand v. Mr. Jagdish Babu Sharma & Ors., CS (COMM) 1190/2016, the Delhi High Court granted an injunction restraining a registered proprietor of a Trademark from using the mark ‘AMIR’s’ including the trade dress/get up etc. for manufacturing, selling and exporting henna and henna based dyes. The Defendants were the registered proprietor of the trademark under Class 3. The suit was not contested by the Defendants.

As per the facts of the case, the Plaintiff is the prior adopter and registered proprietor of the trade mark AMIR’S in Class 3 and is engaged in the business of cultivating, manufacturing and exporting Henna under the mark since 1996.

The issue emanates from Section 28(3) of the Trademarks Act, 1999 (hereinafter the Act) although, the same does not find mention in the Ishar Dass order. The section contemplates a situation where two persons are registered owners of identical or nearly resembling trademarks.

Read the article on World Trademark Review (subscription required).

Most Recent

News & Insights

VIEW ALL
News & Updates
Nov 02, 2025

Partner Litigation, Dhruv Anand, spoke to Times of India for its dive-deep article on ‘Stars v AI’ giving a 360 degree roundup of what actually makes

Stars vs AI: Dhruv Anand speaks to ToI about personality rights and the intent behind protecting them
Thought Leadership
Oct 22, 2025

‘First published on Lexology’ By: Pravin Anand, Vaishali R Mittal and Siddhant Chamola A. INTRODUCTION Standards‑essential patents (“SEPs”)

Interim Licences vs Anti Interim Injunctions: a Cross Border Stand Off
Thought Leadership
Oct 16, 2025

‘First published on Lexology’ By: Safir Anand and Omesh Puri The Office of the Controller General of Patents, Designs, and Trade Marks has issued a

Indian Trade Marks Office issues Office Order – Streamlining Registry Function
News & Updates
Oct 16, 2025

Being a part of the International Trademarks Association (INTA) is always a delight. Here’s how Anand and Anand would be joining forces with INTA on

Team Anand and Anand for INTA