MR. SUMIT VIJAY & ANR. vs MAJOR LEAGUE BASEBALL PROPERTIES INC. & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17 September 2025 Pronounced on: 5 January 2026 + LPA 475/2025, CM APPLs. 45526/2025 & 45579/2025 MR. SUMIT VIJAY & ANR. .....Appellants Through: Mr. C.M. Lall, Sr. Adv and Mr. J. Sai Deepak, Sr. Adv. with Mr. Rupin Bahl, Mr. Karan Bajaj, Ms. Aastha Arora, Mr. Avinash and Ms. Annanya Mehan, Advs. versus MAJOR LEAGUE BASEBALL PROPERTIES INC. & ANR. .....Respondents Through: Mr. Urfi Roomi, Ms. Janaki Arun, Mr. Jaskaran Singh, Ms. Angela Arora, Advs. for R-1 Mr. Nidhi Raman, CGSC with Mr. Akash Mishra, Mr. Arnav Mittal and Mr. Mayank Sansanwal, Advs. for R-2 CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT % 05.01.2026 C. HARI SHANKAR, J. 1. The blue jay, a truly beautiful bird, is native to eastern North America. Though the appellants before us have sought to contend that the blue jay is also known as the Indian Roller and is the State bird of Karnataka, Andhra Pradesh and Odisha, this is incorrect. The blue jay and the Indian roller belong, in fact, to different avian families, with Signature Not Verified LPA 475/2025 Digitally Signed By:AJIT Page 1 of 67 KUMAR Signing Date:05.01.2026 15:11:04 the former belonging to the Corvidae and the latter to the Coraciidae family. The illusion seems to have originated in the description, by the famous naturalist Carl Linnaeus, in 1758, of the Indian Roller as the “Jay from Bengal”. 2. Enough, however, of ornithology. The blue jay occupies our attention, in this appeal, not in its natural avian avatar, but as the much more suburban subject matter of a trade mark. And thus we descend, from the skies above to the earth below. The lis 3. By a judgment dated 1 July 2025, a learned Single Judge of this Court has, in CO (Comm IPD-TM) 279/20