A century of goodwill belongs to the Firm, not the family: What Calcutta HC’s Fox & Mandal ruling means
Calcutta High Court ruled that the goodwill and reputation of Fox & Mandal belong to the firm, not to the family of its former partners.
likelihood of confusion
Cognizant gets relief to continue using its logo in Atyati dispute as independent creation defeats claim of copying: Bombay HC
The Bombay High Court declined interim relief in a copyright infringement and passing-off action concerning rival logo device marks, holding that resemblance between logos is not by itself actionable unless supported by evidence demonstrating copying or reasonable opportunity of access to the claimant’s work.
Duration of confusion in customer’s mind not material, even momentary confusion sufficient to establish trade mark infringement: Delhi HC
“The fact that the customer may on a closer examination of products and enquiries find that the impugned trade marks are not associated with the appellant’s trade marks would not take away from the fact that the impugned marks bear a similarity with the appellants trade mark, which led to the confusion.”
‘INDIAN STAG’ deceptively similar to ‘ROYAL STAG’, but no case of passing off made out in favour of Pernod Ricard India: Delhi High Court
“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.”