News detail

30
Nov
-0001

Just Dial Restrained From Using The Registered Trademark PVR


In a recent significant judgement by the Delhi High Court regarding the non-exclusive agreement, Just Dial has been restrained from misusing the trademark PVR.

PVR filed a suit seeking permanent injunction against Just Dial restraining infringement of trademark as well as Copyright, Passing off, unfair business practices and damages. A non-exclusive ticketing agreement was entered upon between PVR and Just Dial for certain period of time. Post the expiry of the agreement, PVR found that Just Dial has continued providing online ticket of PVR without the later's consent and approval.

PVR approached Just Dial to stop issuing the tickets multiple times. But to no avail. The former sent a cease and desist notice. This was never responded by Just Dial nor they stopped misusing the trademark PVR.

It's a prima facie case of deliberately having a malafied intentions to disrepute the goodwill of PVR and to earn goodwill for Just Dial by using the goodwill of PVR.


Consequently, court passed a judgement in favor of PVR since the balance of convenience is in the favor of PVR. Court ordered that "the defendant, its owners, directors, officers, servants, employees and all others in the capacity of principal or agent acting for and, on their behalf, or anyone claiming through, by or under it, are restrained from using the registered mark PVR or any deceptive variant thereof which is identical and/or similar to the plaintiff's trademark PVR, in any manner whatsoever."

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