The Delhi High Court has held that no injunction can restrain a person from using their own name as a trademark, even in cases of passing off.
In this case, the appellant argued that Section 35 of the Trade Marks Act, 1999, applies only to infringement.
The Court disagreed, clarifying that the phrase “nothing in this Act” extends to all remedies under Section 135, which includes injunctions for infringement as well as passing off.
Since “Vasundhara” was the proprietor’s first name, the Court upheld her bona fide use and dismissed the appeal.
[Vasundhra Jewellers Pvt Ltd v. Vasundhara Fashion Jewellery LLP]