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“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.