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“As such, what the impugned order does, is effectively allow the respondent, even at interim stage when the suit is pending, to exploit the domain names which stands registered in favour of the appellant. The registration of the domain names in the appellant’s name has, therefore, been effectively effaced at an interim stage”
“The dominant feature of the marks WOW MOMO and WOW BURGER is clearly the prefix ‘WOW’, as the suffix in each mark merely refers to the food item in respect of which the mark is being used. The dominant feature of the two marks, i.e. WOW, is identical.”
“Where two persons may be registered proprietors of marks, which are identical or deceptively similar to each other, neither person would be allowed to interfere with the exclusive right of the other person to use the mark, though each of them would have a right of injunction against a third party, who may not be a registered proprietor of the mark.”
“Indian classical music rarely follows a system of written notation or publication. Since ancient time, the compositions of Indian music were taught orally in the gurushishya Parampara , where knowledge was passed down through oral learning, improvisation, and repeated performance, rather than formal documentation. Hence, after explicitly declaring that fixation is not required, using fixation and performance as the determinative is against the legislation’s aim and objective.”
The distinction between male and female has, in the present time, been reduced to nothing more than a chance chromosomal circumstance, and ascribing, to it, any greater relevance would be illogical as well as anachronistic.