delhi high court
Case BriefsHigh Courts

“Even if two device marks are visually completely dissimilar, and if their textual components are deceptively similar to each other, then visual dissimilarities between marks, owing to “added matter”, pale into insignificance, where infringement is concerned.”

MakeMyTrip Dialmytrip restrains deceptively similar
Case BriefsHigh Courts

“Balance of convenience lies in the plaintiff’s favour, considering that it is a well-known company in the travel business who has built its goodwill and reputation throughout the years, if an injunction is not granted it will lead to irreparable loss to the plaintiff.”

madras high court
Case BriefsHigh Courts

There will be confusion in the market, especially, in the nature of the product being Cookies, sold in the shelves of supermarkets, any ordinary customer looking at the shelf is bound to be deceived. Therefore, the product of ITC Ltd. is deceptively similar to that of Britannia.

delhi high court
Case BriefsHigh Courts

“In view of pictorial depiction of stag, the “STAG” part of plaintiff’s mark has necessarily to be held to be its essential and dominating feature and the use, by defendant, of word STAG along with pictorial depiction of stag, clearly indicates imitation, by defendant, of essential features of plaintiff’s mark.”

Dream11 Dreamz11 permanent injunction trade mark
Case BriefsHigh Courts

“The confusion is exacerbated by the look and feel of the defendants’ website which has, obviously, deliberately and intentionally, been made to copy the plaintiffs’ website.”

delhi high court
Case BriefsHigh Courts

“One cannot forget that these are ayurvedic preparations and not allopathic medicines or scheduled drugs for which, doctors’ prescriptions are required. These are over the counter preparations, which are often brought by patients without prescription.”

delhi high court
Case BriefsHigh Courts

“Though the specific words used for the news programme may themselves not be capable of being monopolized, the combination marks can be protected if they have acquired a secondary significance.”

delhi high court
Case BriefsHigh Courts

“If an ad interim injunction is not granted in the present case it will cause irreparable loss to the plaintiff, as the defendants’ packaging is deceptively similar to that of the plaintiff’s, which causes confusion to the customers.”

madras high court
Case BriefsHigh Courts

Madras High Court said that the apprehension of Sangeetha Hotels that the public would be misled into believing that the respondent is nothing but old wine in a new bottle stands prima facie proved.

Dominos Dominick Pizza trade mark deceptively similar
Case BriefsHigh Courts

“Where the marks in question pertain to food items, or eateries where food items are dispensed and served, a somewhat higher degree of care and caution is expected to be observed.”

delhi high court
Case BriefsHigh Courts

“The Appellate Court while hearing an appeal against an interim order ought not to disturb the prima facie findings, but it can substitute its own discretion when it is found that the Trial Court has exercised the jurisdiction in ignorance of settled principles of law.”

delhi high court
Case BriefsHigh Courts

“Balance of convenience would, clearly not justify bringing the use, by the defendants, of the PANTOPACID mark to a complete halt, at this late stage.”

delhi high court
Case BriefsHigh Courts

“there is no requirement, in law, of a mark having to be registered under the Trade Marks Act, 1999 and the fact of non-registration is, at best, an extremely weak ground on which user of the mark can be doubted.”

delhi high court
Case BriefsHigh Courts

“Due to the fact that the defendant has not contested the matter, but compelled the plaintiff to file the present suit, by not agreeing to give up the infringing mark, despite being put to notice, the plaintiff is entitled to receive actual costs.”

madras high court
Case BriefsHigh Courts

Madras High Court has also granted the plaintiff a decree for permanent injunction restraining the defendant from committing passing off of its restaurant business by using deceptively similar trade mark.

new balance mark
Case BriefsHigh Courts

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).

delhi high court
Case BriefsHigh Courts

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.

Delhi High Court
Case BriefsHigh Courts

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.

Delhi High Court
Case BriefsHigh Courts

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’.