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

Judgment text excerpt

* 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” Signature Not Verified C.O. (COMM.IPD-TM) 279/2023 Page 1 of 21 Digitally Signed By:BABLOO SHAH Signing Date:01.07.2025 17:21:19 of the Americas, New York, NY 10020, United States of America. The petitioner is the intellectual property holding company of Major League Baseball2 and controls the licensing and merchandising of all MLB Clubs as well as the affiliated entities of MLB. 3. The petitioner adopted the trademark ‘BLUE JAYS’/ ‘TORONTO BLUE JAYS’ in 1976 in connection with the MLB franchise based in the city of Toronto and has since continuously using the trademark and its variations. Moreover, the petitioner’s trademark has been registered in numerous jurisdictions and countries around the world, including the