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Showing contexts for: composite mark in Mountain Valley Springs India Private ... vs Baby Forest Ayurveda Private Limited ... on 15 May, 2024Matching Fragments
8.10.1 Relevant portion of South India Beverages (supra) is extracted as under:
"16. This rule mandates that the Courts whilst dealing with cases of trademark infringement involving composite marks, must consider the composite marks in their entirety as an indivisible whole rather than truncating or dissecting them into its component parts and make comparison with the corresponding parts of arrival mark to determine the likelihood of confusion. The raison d'tre underscoring the said principle is that the commercial impression of a composite trademark on an ordinary prospective buyer is created by the mark as a whole and not by its component parts [994 F.2d 1359, 1362 (9th Cir. 1993) Fruit of the loom, Inc. v. Girouard; 174 F. Supp. 2d 718, 725 (M.D. Tenn. 2001) Autozone, Inc. v. Tandy Corporation]."
(emphasis added) By:MANISH KUMAR CS(COMM) 523/2023 48 of 66 8.10.2 Relevant portion of Vasundhra Jewellers (supra) is extracted as under:
"33. Having stated the above, it is also necessary to bear in mind that examining the dominant part of the trademark for comparing it with the conflicting mark is solely for the purpose of determining whether competing marks are deceptively similar when viewed as a whole. It is, thus, not permissible to hold that two competing marks are deceptively similar by examining a portion of one mark and comparing it with the portion of another mark, if the composite marks viewed as a whole are dissimilar. It is relevant to refer to the text from McCarthy on Trademarks and Unfair Competition, which explains the said principle as under...."
34. In the facts of the present case, the learned Single Judge had found that the appellant held registration of the device marks/composite marks that contain the word 'Vasundhra' but it did not have any registration of the word mark 'VASUNDHRA'. It is material to note that the appellant had applied for registration of the word mark but the same has not been granted to it as yet. The Court had, thus, found that the appellant did not have an exclusive right to use the word 'Vasundhra' except as part of its device trademarks.