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“The proprietary right of the plaintiff in the registered trade mark ‘GOLD FLAKE’ was prima facie demonstrated through the registrations and uninterrupted use since 1905, and its reputation and goodwill were evident from the sales turnover and the leading presence in the cigarette manufacturing industry.”
“The registration of the plaintiff’s mark in the year 1972, prima facie, granted an exclusive right to the plaintiff to use it, which was infringed when the defendants used the impugned mark METRO FOOTWEAR.”
“Relevant consumer base for the products which are deodorizers, air purifiers etc would be an average educated class with the ability to differentiate between the rival marks especially when there is no resemblance apart from a phonetic similarity between the two when viewed as a whole.”
The early entry of the Travel Blue’s registered design in the market which is now sought to be diluted by the Miniso’s infringed product is prima facie likely to cause injury to the Travel Blue Products’ business, reputation and goodwill.
“The plaintiff’s registered trade mark and artistic work is infringed by the defendants, and it is likely to cause confusion in the minds of the public, thus, unless ad-interim reliefs are granted, the plaintiff will suffer irreparable loss, harm, and injury.”
“The combination of the two words “RAM” and “BANDHU” is a coined word and arbitrary adaption being totally unconnected with the goods marketed under the trade mark, gives rise to claim for exclusivity.”
“The defendant’s use of the plaintiff’s trade mark cannot be said to be an honest adoption as though having a registered trade mark, the defendant deviated from the mark and adopted a mark which is deceptively similar to the plaintiff’s registered trade mark.”
The use of colour scheme of pink, orange, yellow of the defendant’s mark is deceptively similar to that of the applicant’s mark.
The High Court while upholding the quantum of compensation, agreed with the observation of the Trial Court that at the age of 55 years, the wife had lost her prospects vis-à-vis her personal life after being subjected to domestic violence from 1994-2008.