Delhi High Court grants injunction in favor of IKEA in trademark infringement case against IKEY
The similarity between the conflicting marks ‘IKEA’ and ‘IKEY’ is such that it cannot be mere co-incidence and a case of ignorance.
The similarity between the conflicting marks ‘IKEA’ and ‘IKEY’ is such that it cannot be mere co-incidence and a case of ignorance.
It is the case of the petitioner that they have been using the mark “JACK DANIEL’S” since 1895 in respect of alcoholic beverages. The petitioner is the registered proprietor of various trademarks including “JACK DANIEL’S” and other formative parts.
Dream 11 is a fantasy sport league is an online multi-player game where participants draft virtual teams of real players of a professional sport. These virtual drafted teams get points based on the performance of the players in actual games.
The present suit seeks a permanent injunction against trademark infringement, passing off, and unfair competition arising from the sale of footwear featuring marks that are nearly identical or deceptively similar to the plaintiff’s established N Device and 550 marks.
Yahoo Inc.’s investigation revealed that the defendant was producing a mouth freshener under the name “YAAHOO! Mouth Freshener.” that closely resembled the established trademark “YAHOO!”, leading to allegations of trademark infringement and passing off.
The impugned mark, “DREAM11”, is clearly used as the domain name of the defendant’s website and its logo. The description of the defendant’s platform as contained on its website reveals that its services are identical to those of Sporta Technologies.