DLF Limited vs. Rediff.com India Ltd & Ors.

dlfDLF Limited, a real estate giant based out of Gurgaon had filed a trademark infringement suit against Stanley Lifestyles Ltd an entity engaged in the business of shopping mall. Plaintiff leveled allegations that the defendants are infringing Plaintiff’s trademark EMPORIO by adopting the mark ‘Global Living Emporio’ in respect to similar services.

On perusal of the documents filed and the arguments put forth, the Honorable Delhi HC opined that the Plaintiff made out a prima facie case that it is a bona fide adopter and user of the mark ‘EMPORIO’ since 2004 and the Defendants started using the mark only since March 2017.

Further, relying on the Plaintiff’s registration of its website www.dlfemporio.com in 2008 which is much prior to Defendant’s website www.globallivingemporio.com, Plaintiff requested for an ex parte injunction. The Court granted an ad interim injunction restraining Defendants from operating their website or any other domain name with the mark ‘EMPORIO’ as part thereof and restrained them from launching any shopping mall or manufacturing or distributing any goods comprising of the term ‘EMPORIO’. The court further directed the Defendants to block the domain www.globallivingemporio.com.

 

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