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The mark having a combination of words and devices had to be considered as a whole for the purposes of grant of registration.
The manner of representation of the label with the defendants’ impugned product, where the unique manner of representation with first letter in black and the rest of the letters in the word in red colour is identical.
The use of ‘NEW BALANCE IMMIGRATION’ as a part of its trade name by New Balance Immigration (P) Ltd. (defendant) is likely to deceive unwary consumers of their association with New Balance Athletics Inc (plaintiff).
The founder of the defendant institutions was not only aware of ‘Mayo Clinic’ in the USA but drew inspiration from the founder of ‘Mayo Clinic’, USA. Thus, the defendants have dishonestly adopted the ‘MAYO’ mark of the plaintiff as they are fully aware of the prior existence and use of the same by the plaintiff.
When an application is submitted for registration of a mark which involves a word, then, even at the preliminary stage, a word mark search as well as a phonetic search shall be conducted, so that the possible marks which are phonetically similar to the mark applied for, are thrown up as suggested result.
So long as others do not use the mark, or any similar mark, the Delhi High Court opined that a finding of non-distinctiveness can ordinarily not be returned as, howsoever innocuous a mark may appear to be, if it is used only by one person, it would, in plain etymological terms, be distinctive.
User traffic may be diverted due to the same or similar domain name, which can result in a user mistakenly accessing one domain name instead of the one intended. A domain name might, therefore, have all characteristics of a trade mark and could result in an act of passing off.
A customer of average intelligence and imperfect recollection, who comes across the plaintiff's Royal Green Whisky on a particular date and, later, comes across the defendant's Royal Queen product, will be confused between the two.
The use of ‘VIVANTA VACATION CLUB' as a part of a trade name will likely deceive unwary consumers of their association with the mark ‘VIVANTA' as a domain name can have all the characteristics of a trade mark and could result in an act of passing off.
The Delhi High Court observed that ‘VOLVO' mark was blatantly infringed as branded stickers and infringing products bearing the said mark were found on the premises of the defendant.
In a rectification petition filed by Burger King Co. LLC against a family restaurant, the Delhi High Court stayed the operation of the mark ‘BURGER KING’ in Class 43 as it was identical to the well-known mark ‘BURGER KING’ and was likely to deceive public and create confusion.
The Delhi High Court granted permanent injunction in favour of Google LLC for its mark “GOOGLE” and awarded Rs. 10 lakhs as damages to Google LLC which was to be paid jointly and severally by the defendants.
The Delhi High Court granted permanent injunction to SanDisk LLC for its trade mark ‘SanDisk’ and ‘Cruzer blade’. Additionally, Rs. 5 lakhs were awarded as damages.
The use of the word MONK in most prominent manner shows dishonest intention on the part of the Defendant.
The Delhi High Court opined that ‘NOVAEGIS’ was, phonetically identical to ‘NOVARTIS’, when tested from the point of view of a customer of average intelligence and imperfect recollection and thus, granted ad-interim injunction in favour of ‘NOVARTIS’.
Google LLC’s download warning in respect of all third-party applications was a mere disclaimer and there was no case made out for trade mark infringement.
The Delhi High Court held that KFC cannot have any exclusive right in the word “CHICKEN”, but the Court directed the Trade Mark Registry to proceed for advertisement of application for the mark “CHICKEN ZINGER” in Class 29.
The Delhi High Court directed the proprietor of a small shop to pay Rs. 5 lakhs, failing which he would suffer incarceration in civil prison for a week as he violated the order of interim injunction passed earlier by the Court and continued to sell counterfeited products of louis Vuitton.
The Delhi High Court held that “SCHEZWAN CHUTENY” was a mere descriptive term and therefore, Radiant Indus Chem (P) Ltd. could not be stopped from using the same and the Court further held that if protection was granted to the mark “SCHEZWAN CHUTNEY”, then similar protection should also be granted to ‘Tamarind Chutney' or ‘Tomato Chutney', as they were also combinations of words in “English and Hindi”.