The Court was dealing with a suit filed by Starbucks Corporation alleging that a Jaipur-based café called Teaquila: A Fashion Cafe was engaging in infringing its registered trademark ‘frappuccino’.
Therefore, Starbucks sought a permanent injunction against the defendant café from using the ‘frappuccino’ trademark, either alone or with any prefix or suffix; or any other confusing and deceptively similar trademark in relation to their goods, services and business.
Starbucks also prayed for an award of damages and delivery of the concerned goods, menu cards, etc.
It was argued on behalf of Starbucks that ‘frappuccino’ is a well-known trademark under section 2(1)(zg) of the Trade Marks Act, 1999, on account of extensive use, global presence, trademark registrations in foreign jurisdictions and in India.
Source: Barandbench
