The Bombay High Court in a recent case refused to grant interim injunction in favor of Proprietor of Registered mark using name of a Hindu God – “LAXMI” (#LAXMI).
In the present case, the Appellant was the proprietor of a registered device mark of “LAXMI” (a Hindu God’s name) while the Respondents used a device mark “MAHALAXMI”.
The Hon’ble Court held the names of Hindu Gods (#HinduGods) are not exclusive and such word(s) cannot be monopolized by one party. The Court further held that there is a difference in claiming and protecting the label mark and claiming monopoly over a common word.
Agreeing with the single Judge’s view, the Hon’ble High Court rejected the grant of an interim injunction in favour of mark “LAXMI” and presently the matter is listed for framing of issues.
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