06 August 2018

Trademark - No passing off for using mark SPLITVIEW

Observing that the elements of irreparable injury and balance of convenience were not satisfied, Delhi High Court on dated 4-7-2018 has rejected grant of an interim injunction in a case involving use of word SPLITVIEW in software products. In this case involving passing-off, it was observed that plaintiff was not entitled to interim injunction if they do not claim that anyone will buy the product of the defendant assuming it to be that of the plaintiffs.

The Court in Rajesh Kalra v. Safeops. Surgical Car noted that incorporation of software under said mark in devices of defendant prima facie seemed to benefit reputation of plaintiff. It was also observed that whether the plaintiffs or their trade mark otherwise suffer injury of dilution by wrongful association of the plaintiffs product with that of the defendant or by reverse confusion, are questions which  cannot be adjudicated  without trial.


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