Judgment Analysis - ‘Oreo’ V. ‘Fab!O’

Satyajit Pawar, DES- Shri Navalmal Firodia Law College, Pune

(NEUTRAL CITATION – 2023/DHC/000953)

ABSTRACT

Trademark infringements are not new to the business world. The recent judgment passed by the Hon’ble Delhi High Court in on Interim Application in a commercial suit has vastly relied upon various principles governing the area. The judgment is a perfect example of how a layman is confused by multinationals. The judgment goes on to the length of comparing the disputed brand to that of plaintiff. The court seems to endeavour both sides of a coin by various means as to how and what is necessary to decide disputes of this nature. The Court seems to appreciate the difference between the principles laid down and the necessity of their applicability. Though the Court made it clear that the said Interim Order may not affect the final outcome of the suit, it is clear at the outset as to how the suit will be decided as the comparative analysis is quiet clear to that end.