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Category
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Patent
Trademark
Copyright
Design
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Court / Tribunal
Bench / Panel Judges
Petitioner / Claimant (Plaintiff)
duke fashions india ltd
Respondent / Defendant
girish hosiery ors
Dispute Summary
Duke Fashions (India) Ltd. sued Girish Hosiery Pvt. Ltd. alleging trademark infringement of its 'Duke' mark for apparel, despite Girish Hosiery’s prior registration of 'Duke Girish'. The dispute centered on whether Duke Fashions could restrain Girish Hosiery from using the 'Duke' element of their registered mark and whether Duke Fashion's use was permissible given Girish Hosiery's earlier registration.
Outcome / Ruling
The court vacated the interim injunction restraining Girish Hosiery from using its registered trademark 'Duke Girish', while allowing Duke Fashions to restrain Girish Hosiery from using the 'Duke' mark in a manner deceptively similar to Duke Fashion’s branding.
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