15th Feb 2010

King is an ordinary word in English language, and it cannot be claimed as distinctive to JK Oil's products, the court observed. The court also rejected the charge of passing off. The Delhi high court earlier this month vacated the stay on the trade mark using the word 'King' which was disputed by JK Oil Industries and Adani Wilmar Ltd. JK Oil was aggrieved because Adani allegedly adopted a trade mark (label) King's Label in relation to its goods and services which are similar to that used by it, namely, Oil King. It was argued that Adani's trade mark was "identical and deceptively similar" to its trade mark (label) in all respects. Though the court had earlier granted a stay, it was later vacated as it found that there were other business entities which have used the word King as part of their trade names and obtained registration.