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“A bare perusal of the provision provides that it was mandatory for the respondents to comply with the same before removing the Trade Mark from their register.”
“The Defendants have entirely imitated Plaintiff No. 1’s registered trademarks, replicating all aspects such as font of the letters, design of the logo, color scheme, size, style, and placement of letter and the taglines. Both the marks are also used for identical services.”
In the present case, Sukam Systems (P) Ltd. alleged infringement and passing of by Lithium Power Energy (P) Ltd. of its registered trade marks ‘Su-Kam’, ‘BIG conqueror Tubular Battery’ and ‘BIG Warrior Tubular Battery’.
Telecom Disputes Settlement & Appellate Tribunal (TDSAT): The Coram of Justice S.K. Singh (Chairperson) and A.K. Bhargava (Member) while considering the factors