visual similarity of the marks must be considered. On
seeing the two marks, the first impression one gets is
that both marks are same unless ... mark of the respondent No.1 has submerged the trade
mark of the applicant in its entirely in the impugned trade
mark. The trade mark
deceptively similar mark;
(c) by similarity to the registered trade mark;
(d) by its identity with the registered trade mark;
(e) by likelihood of causing ... otherwise dealing in goods bearing any mark /
label similar or deceptively similar to the plaintiff‟s mark / label
"Officer‟s Choice" or from
intentionally not
provided for infringement in cases of deceptively similar marks; reliance is
placed on para no.41 of Bloomberg Finance LP supra; (c) plaintiff ... trade name. Use of a trade name similar or
deceptively similar to the registered trade mark would not constitute
infringement under Section
plaintiff, by adopting the mark
„VICTOR 80‟ which is similar/deceptively similar to the mark „VICTOR‟ of
the plaintiff; and, (ii) for ancillary reliefs ... bona fide adoption of the mark which is
similar/deceptively similar to the mark of the plaintiff, cannot be
permitted to continue using the same
defect in quality of goods of defendant under
the similar/deceptively similar mark.
f. Judgment of this court in Hindustan Pencils and in
Ansul Industries ... injury to the plaintiff from continued use of their mark or a
mark deceptively similar thereto by defendant is implicit. The
argument of price difference
relevant for arriving at a prima facie view qua
similarity/deceptive similarity in trade mark of pharmaceutical products.
FAO (COMM) 46/2021 Page ... instituted only against those, use by whom of a similar/deceptively similar
mark affects the respondent/plaintiff. Reference may be made to National
Bello
accessed are different or that the same
obliterates the similarity / deceptive similarity.
22. Similarly, the procedure for accessing the respective music services
enumerated ... rejected.
28. That brings me to the question of similarity / deceptive similarity of
the marks 'PEHLA NASHA' and 'RADIO NASHA
carrying on business under the mark "SATYA" or any other
Mark / trading name identical or deceptively similar to the logo / label
"SATYA ... services under the trade name or mark "SATYA" or any other trade name or
mark deceptively similar to the trademark / label/ logo
using in
relation to its business the mark/logo LARSON or any other similar
mark or name deceptively similar to that of plaintiff ... including those in class 19, the mark LARSON or
any other deceptively similar mark. A Court Commissioner was also
appointed to visit the premises
goods - there could
be infringement thereof only by use of similar or deceptively similar
mark with respect to same class of goods ... Section 29(4) is a major
departure. Thereunder use of similar/deceptively similar mark in
relation to goods which are not similar to those
