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23. It provides its online trading services to its customers through one of its leading software, Trade Tiger wherein exists an important and exclusive feature known as "Max Trade" introduced in the year 2009. The said feature allows the customers to execute intraday transactions thereby offering them maximum trading advantages in terms of limits. The said feature has been widely appreciated and extensively used by its numerous customers and therefore attained distinctiveness in its respective field and is exclusively associated to the defendant and is exclusively associated with the defendant and more specifically to the software Trade Tiger. The said mark was derived by the defendant on the idea that the product/services offered by the defendant offer 'maximum trading advantages' in terms of limits.

25. It is alleged that the purpose and utility of the product marketed as MAX TRADE of the defendant is completely different to that of the product of the plaintiff being MAXTRAD. The fields in which the products are being used are altogether different and exclusive to each other. The price of both the products has a huge difference. MAX TRADE is being used as a trading product for its main software being TRADE TIGER and therefore has no utility if provided alone without the software TRADE TIGER. However, MAXTRAD is independent software catering to a different clientele. MAX TRADE is used only for online intraday trading in NSE, BSE, MCX etc. and therefore has a clientele comprising mostly of individuals, while MAXTRAD is a mark that is used by companies, organisations, groups etc. mainly for the purposes of export and import. There can be no confusion amongst the customers of the plaintiff while coming across defendant's product MAX TRADE which is being used in the context of maximum trading at lower margins while trading on intraday basis.