'Priority of Use' No Defence Against Trademark Infringement Unless It Predates Both Use and Registration by Plaintiff: Delhi High Court

The Delhi High Court, in a significant ruling on trademark law, has held that a defendant cannot rely on priority of user as a defence to trademark infringement unless their use of the infringing mark predates both the use and registration of the plaintiff’s trademark. The decision came from a Division Bench comprising Justice C. Hari Shankar and Justice Om Prakash Shukla, which dismissed an appeal filed by Bodhisattva Charitable…