The Supreme Court refuses to restore injunction against Blinkit in a trademark dispute, stating that Blinkhit has no turnover at all.

Keywords: Trademark infringement, Temporary injunction, Blinkit.

In a trademark infringement case brought by Bangalore-based startup Blinkhit, the Karnataka High Court had granted relief to e-commerce grocery delivery service Blinkit, and the Supreme Court on Friday declined to invalidate that decision [Blinkhit Private Limited and anr v. Blink Commerce Private Limited].

According to the case files and documents, a bench of Justices Sanjiv Khanna and SVN Bhatti observed that Blinkhit had not even experienced any turnover.

“There is no turnover at all. I looked over the documents, and you made no mention of your finances. Sorry,” Justice Khanna said to the Blinkhit attorney.

Blinkhit’s appeal against a Karnataka High Court judgment from April 17 was being heard by the Supreme Court.

The order had disregarded an interim injunction granted in favor of Blinkhit while defending Blinkit in a trademark infringement lawsuit.

According to Justice SR Krishna Kumar, the parties’ purported services were entirely distinct, and just registering a trademark to engage in an entirely separate business could not serve as the basis for a temporary injunction.

Zomato-owned Blinkit filed a petition with the High Court to invalidate an interim order that forbade it from violating Blinkhit’s trademark.

It had argued that this decision was arbitrary since the respondents had omitted information. It was contended that registration without usage was meaningless and that the nature of the businesses’ operations was entirely different in both cases.

The High Court had considered the absence of use of “Blinkhit”‘s registered trademark from 2016 until a lawsuit was brought before the trial court.

After a short hearing today, the highest court underlined in its order that it was reluctant to challenge the High Court’s decision. The appeal was thus denied.

Senior attorneys Mukul Rohatgi and Neeraj Kishan Kaul appeared on behalf of Blinkit.

Name: Anamika Parasher, College: Jagran Lakecity University. Bhopal, Semester: LLB 5^th semester an intern under Legal Vidhiya

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