[2016]DLHC4009 • July 12, 2016 • High Court
E-VOLUTION INTERNATIONAL vs. SPYDER LEE ENTERTAINMENT AND THE REGISTRAR – GENERAL
The Plaintiff, Evolution International, registered the trademark "Peoples Choice Awards" under the Trade Marks Act, 2004 (Act 664) with application dated February 4, 2011 and certificate issued December 22, 2014. The 1st Defendant, Spyder Lee Entertainment, registered the same name as a business name under the Registration of Business Names Act, 1962 (Act 151) in May 2012 with certificate issued June 26, 2012. The Plaintiff observed the 1st Defendant using the name in advertisements for an awards program and claimed infringement of its trademark rights. The 1st Defendant denied infringement, asserting prior registration of the business name and exclusive rights thereto.
read moreIntroduction: [1] In this case, the Plaintiff seeks injunctive and declaratory reliefs, as well as Costs. At its root, the action arises from a dispute between the Plaintiff and the 1st Defendant, in respect of the use of the name “People’s/Peoples Choice Awards”. The Plaintiff seeks a declaration that it is the rightful and the bona fide owner/registrant under the Trade Mark Act of 2004 (Act 664) and that the 1st Defendant has no rights to the use of the name as against the Plaintiff. [2] By its writ of summons the Plaintiff Company claims against the Defendants the following reliefs: a. A declaration that the Plaintiff is the bona fide owner of the name “Peoples Choice Awards” as a registered trade mark. b. A declaration that the registration of “People’s Choice Awards” as a business name in favour of the 1st Defendant is likely to be confused by the public with the registered trade mark of the Plaintiff Company. c. A declaration that the series of advertiseme...