Free Judgments

Adidas Ag vs Union Of India & Anr. on 10 February, 2016

MANMOHAN, J: (Oral)

1. Present writ petition has been filed challenging the Intellectual
Property Appellate Board (IPAB) order dated 28 th December, 2012. The
relevant portion of the impugned order is reproduced hereinbelow:-
2. It is petitioner‟s case that the petitioner‟s trademark „RESPONSE‟
with respect to footwear and apparels has garnered worldwide goodwill and
reputation. It is stated that petitioner‟s trademark „RESPONSE‟ is registered
in various countries including USA and Germany in 1993 and 1995
respectively.
3. Learned counsel for the petitioner states that by virtue of number of
registrations for the mark „RESPONSE‟ and the long and continuous use of
the said mark by the petitioner in the course of its business, the mark
„RESPONSE‟ has attained distinctiveness in relation to footwear and it has
come to be associated solely with the petitioner.

Source: Indian Kanoon

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