What happens when an Indian garment business adopts a name nearly identical to a world-famous sports team’s brand? This was at the heart of the showdown between Major League Baseball Properties Inc.(MLB) and a Delhi-based clothing partnership over the trademark ‘BLUE-JAY’, pitting global IP reach against local commerce.
MLB, owner of the ‘BLUE JAYS’ mark, discovered a Delhi garment partnership selling goods under ‘BLUE-JAYS’ just one letter and a hyphen away from the storied Toronto Blue Jays franchise. The dispute reached the Delhi High Court, asking: does global goodwill win in Indian markets?
Prior User Supremacy: The Court reaffirmed that a ‘prior adopter’ and ‘prior user’ of a trademark, even globally, holds superior rights over later Indian registration, citing both domestic and Supreme Court precedents.
Goodwill & Global Reputation: MLB’s extensive worldwide reputation, backed with brand presence, media coverage, online visibility, and merchandise, meant Indian consumers could easily associate ‘BLUE-JAY’ goods with MLB.
Deceptive Similarity: Dropping an ‘S’ and adding a hyphen did not create distinction. The marks remained confusingly similar, risking consumer confusion and unfair brand association.
Dishonest Adoption: The defendant’s shifting explanations for adopting the mark raised suspicion and undermined claims of honest use.
Bad Faith & Cancellation: Adoption with an intent to ride on another’s goodwill justified cancellation of the mark, regardless of local registration or subsequent use.
The DHC ordered the ‘BLUE-JAY’ trademark registration cancelled and removed from the register in Class 25.
● Check for global brands before adopting similar names, even if not widely used in India.
● Do not assume a small change avoids deceptive similarity claims.
● Register early and maintain consistent documentation to prove priority and good faith, monitor and enforce your brand actively in India and abroad.
Case Name: Major League Baseball Properties Inc. v. Manish Vijay & Ors.
Mark at Issue: Plaintiff’s “BLUE JAYS” v. Defendant’s “BLUE-JAY”
Court & Judge: Delhi High Court, Justice Saurabh Banerjee
Date: 1 July 2025
Result: Trademark ‘BLUE-JAY’ registration cancelled in Class 25
Citation: C.O. (COMM.IPD-TM) 279/2023, 1 July 2025
Copying the essence of a famous brand, even with local tweaks, is a ticket to legal trouble, not business success.
This article is provided for informational purposes only and is not intended as legal advice. Legal Terminus is not responsible for any changes in laws or regulations that occur after the publication date of this article. For specific legal advice, please consult with a qualified attorney.
Regards
CS Shipra Mishra
(B. Com, LL.B, FCS, Insolvency Professional, Registered TM Agent)
