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Showing contexts for: unregistered trade mark in World Wrestling Entertainment Inc vs M/S Reshma Collection & Ors. on 5 October, 2016Matching Fragments
(Emphasis Supplied)
42. The aforegoing essentials have been accepted by the Supreme Court in Cadila Health Care Ltd.v.Cadila Pharmaceuticals Ltd., (2001) 5 SCC 73 and Heinz Italiav. Dabur India Ltd., (2007) 6 SCC 1. In Cadila Health Care Ltd. (Supra), the Supreme Court had further laid down the following decisive tests for checking deceptive similarity:
"35. Broadly stated, in an action for passing-off on the basis of unregistered trade mark generally for deciding the question of deceptive similarity the following factors are to be considered: