BHARAT GATE Mark is Deceptively Similar to INDIA GATE; Delhi High Court Restores Injunction

The Delhi High Court restored an ad interim injunction against the use of the "BHARAT GATE" trademark for rice, deeming it deceptively similar to the registered "INDIA GATE" trademark.

Overturning a Commercial Court's earlier order vacating the injunction, the division bench highlighted the phonetic and conceptual similarity of "Bharat" and "India" and their identical use for rice.

The court also found visual similarities in the packaging, dismissing claims of distinct trade dress.

It ruled that the respondent intended to capitalize on the appellant's goodwill.

The Commercial Court's reasoning, including differences in design and pricing, was deemed legally and factually erroneous.