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“A consumer going into the market to purchase premium/ultra-premium whisky will not be confused by the word ‘Pride’ in the name of any brand. The mark has to be compared as a whole.”
There will be confusion in the market, especially, in the nature of the product being Cookies, sold in the shelves of supermarkets, any ordinary customer looking at the shelf is bound to be deceived. Therefore, the product of ITC Ltd. is deceptively similar to that of Britannia.
“The dissolution of partnership is one aspect and its effect on carrying on business by making different arrangements to defeat rights of a registered trade mark owner, is altogether a different thing”
A quick legal roundup to cover important stories from all High Courts this week.
Madras High Court said that the apprehension of Sangeetha Hotels that the public would be misled into believing that the respondent is nothing but old wine in a new bottle stands prima facie proved.
A quick legal roundup to cover important stories from all High Courts this week.
Madras High Court has also granted the plaintiff a decree for permanent injunction restraining the defendant from committing passing off of its restaurant business by using deceptively similar trade mark.
Transliteration is the conversion of a text from one script or alphabet to another, as opposed to translation from one language to another. Shorter Oxford Dictionary 5th Edition defines ‘transliteration' as a noun to mean rendering of letters or characters of one alphabet in those of another.
A quick legal roundup to cover important stories from all High Courts in April 2023
“The Court held that in every case of trademark infringement, the plaintiff claiming infringement of its registered mark is required to claim relief in the context of specific instances of infringement, relatable to individuals against whom orders can be passed by the Court.”
Delhi High Court: In a case where application was filed under Order 39 Rules 1 and 2 read with Section
Delhi High Court: In a case where Club Factory was involved in the sale of various unauthorized/ counterfeited products, bearing
Delhi High Court: In a suit filed by Frankfinn Aviation Services Private Limited (‘plaintiff’) seeking permanent and mandatory injunction restraining
Delhi High Court: In a suit filed by Oravel Stays Limited doing business as OYO Rooms (plaintiff) is seeking damages
Delhi High Court: In an application filed by the plaintiff seeking permission to file rectification/cancellation petition against registrations of Defendant’s
Delhi High Court: In a suit filed seeking permanent injunction restraining trademark infringement, copyright infringement and passing off against Ms.
Bombay High Court: In a suit filed by Pidilite Industries Limited (plaintiff) seeking ad-interim reliefs against defendants for selling adhesive
Delhi High Court: In a suit filed by Super Cassettes Industries Private Limited, seeking permanent injunction restraining infringement, passing off,
The trademark RAJNIGANDHA has been declared as a well-known mark by this Court and is entitled to a high degree of protection. The impugned mark is visually and structurally deceptively similar to the Plaintiffs’ trademark.
Delhi High Court: In a suit filed for injunction by the Plaintiff restraining the Defendant from selling, offering for sale,