Starbucks vs. SardarBuksh
Branding your brand does not and must not mean that you copy somebody else's brand name and get a free ride upon their good will. Trademark law is very clear in this aspect while keeping two most essential pre-requisites before registering a trademark as - 1. Trademark has to be distinctive; 2. Trademark must not be descriptive. Lot many brand owners make mistakes in understanding the concept of distinctiveness and start using brand names which are similar to the already existing trademarks which are famous. Making minor changes here and there either in spellings or color combinations or finding a rhyming words to the existing trademarks does not yield distinctiveness to your brand name. Some of the brand owners knowingly make use of such deceptively similar marks and then get sued. In one of such interesting cases in Delhi High Court, the Court has ruled in favor of Starbucks who filed a case against a local coffee shop chain SardarBuksh for copying word mark a