– (PER ADVAIT M. SETHNA, J.)
Prolouge:-
1. This is a classic case where we are called upon to adjudicate the
impugned order dated 4 October 2025, passed below Exh. 5 by the
Commercial Court at Pune in Commercial Suit No. 9 of 2025 (“Impugned
Order” for short), in the context of the fundamental principles governing
trademark jurisprudence. As an Appellate Court, we are required to
examine the cardinal principles and classifications applicable to marks, viz.
generic, descriptive, suggestive, and arbitrary/fanciful. Such legal
principles, as applicable to infringement and passing off, form the subject
matter of our analysis and scrutiny in light of the findings of the Trial Court
in the Impugned Order.
