To establish the plea of common use, the use by other persons should be shown to be substantial.
  •  Express Bottlers Services Pvt. Ltd. Vs. Pepsi Inc. and Ors,; 1989 (9) PTC 14
  •  Shri Pankaj Goel Vs. Dabur India Ltd.; 2008 (38) PTC 49 (Del) [Summary]

Merely because the plaintiff who is otherwise found entitled to the interim injunction is shown to have not taken any step against other infringers is no ground to deny relief to the plaintiff.

  • Rolex SA v. Alex Jewellery Pvt. Ltd. & Ors.; 2009 (41) PTC 284