Last month, the High Court of Delhi decided a trademark dispute between Anchor Health and Beauty Care Pvt Ltd and Proctor and Gamble Manufacturing Co Ltd. The plaintiff (Anchor Health) had a registered trademark ‘ALLROUND’ and they stated that the defendant’s use of the mark “ALL-AROUND PROTECTION’ vis-a-vis their toothpaste brand ORAL-B constituted an infringement of the plaintiff’s trademark.This case involved three major issues, first, whether the plaintiff’s mark was descriptive, secondly, whether it had fallen into disuse and thirdly, in any event, whether the defendant’s...
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