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In April 2022, while conducting a market survey, the plaintiff came across the defendant’s listing on the online trade directory of www.tradeindia.com selling butyl tubes of two-wheeler and four-wheeler vehicles under the infringing marks.
The unauthorized use of the “LIV” element in a manner that does not materially differentiate the defendants’ mark from the plaintiffs’ well-established “Liv.52” mark amounts to a violation of the plaintiffs’ statutory rights.
The Court was informed that during the pendency of the present appeal, the Mercykind Pharmaceuticals made significant changes both in its logo and get up of products which are being marketed by it, which would clearly merit consideration afresh by the Single Judge.