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The plaintiffs submitted that they had been using their distinctive logo with the word AAJ TAK written in hindi in white color against a red background with a black outline since 1995 and it had acquired a secondary meaning.
“The recognition accorded to the SOCIAL mark by industry associations in India and consistent enforcement of the plaintiff’s rights in the mark before the Courts in India reinforces the mark’s distinctiveness and reputation.”
“Well settled principles for assessing the deceptive similarity lays emphasis on visual appearance as well as the phonetic similarity i.e. that the marks have to be judged by the eye as well as the ear.”
“The Defendants shall each pay a sum of Rs. 5 Lakhs as costs to the Plaintiff within a period of 8 weeks from today.”
“Both the restaurants are premium restaurants which would obviously cater to a distinct well informed and well-educated consumer base and the likelihood of confusion is bleak in such cases.”
The Court held that “the conclusion arrived at by the learned Single Judge that this Court did not have the territorial jurisdiction to entertain the suit cannot be faulted.”
“Where explanation for adoption of the mark is not honest and there are two different versions with different reasons and which reasons themselves are not proved, such explanation should be disregarded on the principle that things speaks for themselves.”
“The plaintiffs are the prior adopters and long-standing users of the subject mark ‘HIMALAYA’ since 1930 in connection with ayurvedic, wellness, pharmaceutical and personal care products.”
“Substituting ‘K’ with ‘M’ to form ‘GOLD FLAME’ from ‘GOLD FLAKE’ does not make the competing Marks dissimilar. A consumer of average intelligence and imperfect recollection or not well-versed in English would be unable to distinguish between the competing products.”
Freecia Professional is a cosmetic company selling facial kits under the house mark ‘PROADS’ similar to the plaintiff’s O 3+ range.
“This Court came to a prima facie finding of overall deceptive similarity in the rival marks and that the impugned marks and the artwork adopted by the defendant is deceptively and confusingly similar to that of the Asian Paint Ltd.’s mark.”
“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.”
“The use of blue colour in the packaging of hair oils is common in the trade and cannot be claimed exclusively by any single manufacturer.”
The defendants were operating an 11-room hotel by the name of ‘Bukhara Inn’ and had refused to comply with the cease and desist notice sent by ITC Ltd.
“The distinctive features should be discussed in order to decide as to whether the two packets/trade dresses, viewed as a whole, would cause confusion in the mind of end consumers or not.”
“The power of rectification is exercisable only by the High Court exercising appellate jurisdiction over the appropriate office of the Trade Marks Registry, wherein the entry relating to the impugned mark is made.”
“The Court Receiver was directed to visit and search all premises of the defendants, forcibly breaking open locks if necessary and taking police assistance where required to seize and seal all offending goods.”
“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.”
“The use of trade name ‘ALCHEM’ on the defendant’s packaging material in addition to the generic names is likely to cause confusion in the mind of customers of average intelligence.”