Who Owns "White Boy"? Delhi High Court Settles Trademark Showdown.
Imagine building your business for years, cultivating a loyal customer base under a distinct brand name. Then, out of the blue, a competitor attempts to snatch that same name as a trademark. This is exactly what happened to a clothing company in India, sparking a legal battle over the trademark "WHITE BOY" for shirts.
The Petitioner, who has operated under the business name "White Boy Apparels" since 2010, argued they had been using "WHITE BOY" as a trademark for their shirts for over a decade. While they only formally applied for registration in 2021, they claimed prior user rights based on their trade name.
On the other side, Respondent No. 2, the wife of a competitor, filed a trademark application for "WHITE BOY" in 2021, claiming her husband had previously used "White Boy Shirts." However, her application was based on a proposed future use of the mark, and she lacked evidence to support her claim.
The Court ultimately sided with the Petitioner. The judge acknowledged that using a business name can qualify as trademark use under Indian law. The Petitioner's documented business activities since 2010, coupled with invoices showcasing sales under the "WHITE BOY" brand since 2020, solidified their claim of prior use.
In contrast, Respondent No. 2 failed to provide any concrete evidence of using the trademark or her husband's authorization to do so. The Court found her future-oriented intentions insufficient against the Petitioner's established history.
As a result, the Court cancelled Respondent No. 2's trademark registration for "WHITE BOY," recognizing the Petitioner's prior claim and preventing potential consumer confusion. This case serves as a reminder for businesses to build a strong case for trademark ownership, especially if they haven't formally registered yet. Establishing early use through documentation and consistent branding can be crucial in such disputes.