Blink Commerce Pvt. Ltd. Vs. Blinkhit Pvt. Ltd. & Anr.

In allowing an appeal by the popular delivery App Blinkit, the appellate court noted that non- use by the Respondent- plaintiff / registered proprietor of a mark since registration in 2016 bars its claims of an injunction against the user of the Appellant – defendant’s mark.

The material on record also indicates that the non-use of the registered trademarks … from 2016 onwards coupled with the undisputed fact that the nature of …business… by the respondent – plaintiff is completely different from … the appellant -defendant was sufficient to come to the conclusion that the balance of convenience was in favour of the appellant…