Radico Khaitan Limited (“Radico”) claim rejected by Delhi High Court

Delhi High Court rejected Radico Khaitan Limited (“Radico”) claim for
exclusivity over the numeral “8” under its registered trademark “8 PM”.
The Court held that prima facie there exists no actionable similarity
between Radico trademark “8 PM” (for whiskey) and Carlsberg India Private
Limited trademark “PALONE 8” (for beer) and mere similarity in the manner
of writing the numeral “8” or use of colors cannot be sufficient to prove
infringement.

Delhi High Court held that MORGARDSHAMMAR AB (a Swedish Company) is
entitled for a decree of permanent injunction against use of its
trademarks/ trade name (MH MORGARDSHAMMAR (label), MH ARROW DEVICE and
trade name / corporate name MORGARDSHAMMAR) by MORGARDSHAMMAR India
Private Limited (a joint venture company of Volvo and Modi Group). The
said trademarks were owned by Volvo but were assigned to MORGARDSHAMMAR AB
after it purchased Volvo’s share in the joint venture.

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