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19 June 2019Trademarks

Delhi High Court issues injunction in Gati TM dispute

Indian multinational courier delivery services company Gati has won an interim injunction against a non-profit after a court found it was infringing Gati’s trademark.

In an order handed down on June 14, the High Court of Delhi said environmental advocacy group Gati Foundation must not use, advertise or promote the word ‘Gati’ in any manner.

According to the order, the word ‘Gati’ was registered by the courier company in 2005. In 2017, Gati discovered that the Gati Foundation was using the trademark as part of its name, email address and domain name.

Gati said Gati Foundation’s email address and domain name was “deceptively similar” to its registered trademark.

It said the use of the name ‘Gati’ by Gati Foundation creates a “false impression” that the Gati Foundation is part of the Gati company in the minds of consumers.

Additionally, Gati said Gati Foundation’s use of its name is causing “irreparable loss and injury” to its reputation.

In its order, the court said that Gati has “extensively used” its trademark since it was first registered.

Gati is also seeking damages for trademark infringement which will be decided at a later hearing.

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