A well-known trademark is a bit like a movie star; someone, who has consolidated a position for himself in the minds of people through years of performance, has a unique, inimitable style and is known the whole world over even though he may not have traveled much.
Last year, the Hon’ble Delhi High Court, in its decision in ICRAVE, LLC V/s ICRAVE Designs Pvt. Ltd., ruled that the New York based ICRAVE, LLC, an internationally renowned design firm with a clientele that includes the world’s classiest pubs, nightclubs, restaurants, airports was a well-known Trademark. ICRAVE, LLC has a pending Trademark registration application before the Registrar in India.
Dismissing the Defendant’s many arguments, the Hon’ble Court observed that not only did both trademarks fall within the same class of services but ICRAVE LLC, which was established in 2002, had prior use over the trademark, the tenets of the law of trans- border reputation were squarely in favour of the Plaintiff.
The Court observed that the goodwill and popularity acquired by a manufacturer is not necessarily limited to the country where the goods are freely available because with the advent of technology and modes of communication the goods though not available, are widely advertised and made popular via newspapers periodical, magazines, television and in other medias.
The Court also relied on judgments like Dailmer Benz V/s Hybo Hindustan and Honda Motors Co. Ltd. Vs. Charanjit Singh & Ors., wherein the Defendants who were found to be passing off their products, viz underwear and pressure cookers were restrained from using the said marks.
Finally, the Court observed that ICRAVE, LLC which has been around from 2002, was a globally popular brand, an internationally recognized name in the business of designing and was therefore a well-known trademark.