In Daimler Benz AG v Hybo Hindustan (Delhi High Court, 1993), the defendant sold underwear under the…
The Court noted that "Benz" is a German surname and "does not exist as a surname in this country", and saw "no reason why any trader in India should adopt the name" for…
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In Daimler Benz AG v Hybo Hindustan (Delhi High Court, 1993), the defendant sold underwear under the name 'Benz'. What did the Court observe about the word 'Benz' as a name?
Answer and explanation
Correct answer A
The Court noted that "Benz" is a German surname and "does not exist as a surname in this country", and saw "no reason why any trader in India should adopt the name" for underwear. The surname argument therefore gave the defendant no cover. The Court protected the name beyond cars precisely because the mark is world-renowned, so the 'cars only' view is wrong.
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