‘Descriptive and Generic’; Injunction on Use of ‘Metal Industries’ Trademark Set Aside: Kerala High Court
In a significant judgment interpreting trademark law, the Kerala High Court has ruled that a company cannot claim exclusive rights over the generic and descriptive words ‘Metal Industries’ under the Trade Marks Act, 1999, even if it is the registered trademark holder. The Bench of Justice C. Pratheep Kumar, while allowing RFA No. 287 of 2024, held that no injunction can be granted merely on the basis of trademark registration…