“SUBWAY” and “SUBERB” not phonetically and deceptively similar; Delhi High Court dismisses Subway’s plea for injunction for its mark “SUBWAY” against Infinity Food’s mark “SUBERB”
The Delhi High Court dismissed Subway's plea for injunction for its mark “SUBWAY” against Infinity Food's mark “SUBERB” in a trade mark infringement case and held that the appearance of Infinity Food's red and white “SUBERB” mark could not be said to be deceptively similar to Subway's device mark, “SUBWAY”.