Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Can there be a Shape Trademark: Delhi High Court to Consider
Sports' helmets have not achieved the distinctiveness as claimed in the suit, while adding that Ashi Sports is willing to change the content of its website.
Issuing summons in the suit, Justice Singh observed that the suit raises an interesting question as to whether the shape of a cricket helmet can be a trademark.
“In the case of a shape trade mark the threshold of distinctiveness that is required to be achieved is much higher than a mere device or word trade mark. In such a case, the shape has to be so distinctive that it should be capable of being associated with the entity, even without any name or mark being present on the product,” the court said.
Perusing the documents placed on record, the court observed that almost all famous Indian cricketing stars were wearing Kohli Sports' helmet and the preference for the product is, therefore, not doubted.
“The question as to whether the Plaintiff's helmet has attained such a level of distinctiveness to be protected as a shape trade mark would have to be considered and adjudicated by the Court,” the court added.
While referring the parties to mediation, the court directed the Defendant entity to take down its website within 48 hours and ensure that any new website which is put up does not have any content from Kohli Sports' website.
The matter will now be heard on February 09, 2024.
Title: KOHLI SPORTS PRIVATE LIMITED v. ASHI SPORTS
