MAJOR LEAGUE BASEBALL PROPERTIES INC. vs MANISH VIJAY & ORS.

* IN THEHIGH COURTOF DELHIAT NEW DELHI Reserved on: May 26, 2025 % Pronounced on: July 01, 2025 + C.O. (COMM.IPD-TM) 279/2023 MAJOR LEAGUE BASEBALL PROPERTIES INC .....Petitioner Through: Mr. Urfee Roomi, Ms. Janki Arunand Mr. Jaskaran Singh, Advs. Versus MANISH VIJAY & ORS. ....Respondents Through: Mr. Mohan Vidhani, Ms. Nidhi Pandey, Mr. Saurabh Kumar, Ms. Shreya Jain and Ms. Mokshita Gautam, Advs. for R-2. Ms. Nidhi Raman, CGSC with Mr. Arnav Mittal and Mr. Akash Mishra, Advs. for R-3/UOI. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT Preface: 1. The petitioner, by way of the present rectification petition filed under Section 57 of the Trade Marks Act, 19991, seeks cancellation of the trademark ‘BLUE-JAY’ registered in favour of the respondent nos.1 and 2 vide trademark application no.815236 in Class 25, and its consequent removal from the Register of Trade Marks. Brief Facts: 2. The petitioner is a company duly organised and existing under the laws of the State of New York, USA, having its address at 1271, Avenue 1 Hereinafter referred as “TM Act” 3. The petitioner adopted the trademark ‘BLUE JAYS’/ ‘TORONTO BLUE JAYS’ in 1976 in connection with the MLB franchise based i