website using same or similar or identical Trade Mark SUDALI AACHI
PROVISION/sudaliaachi.com or any other similar Trademark or in any
media ... manufacturer enjoying registration of trade mark in
the event, similar or deceptively similar trademark is allowed to other trader
or manufacturer in respect of similar
passed off their goods by using an identical and deceptively similar trademark to that of the plaintiff and therefore, came forward to file ... fulfill a more stringent test (than the deceptive similarity standard) of proving identity or similarity, where trademark dilution is complained. On the facts
inasmuch as Petitioner's
trademark is a well-known trademark and use of the impugned
deceptively/confusingly similar trademark by Respondent ... similarity of goods/services covered
by the trademark or where the trademark sought to be registered is
similar to an earlier trademark, there being identity
prevent the Defendants from marketing their homeopathic medicine under
a confusingly similar trademark "VIGOURA," used allegedly for curing
sexual disorders. When the suit ... trademark infringement, in addition to passing off. The lawsuit
thus, raises critical questions concerning cross-border reputation and
trademark protection for pharmaceuticals with similar-sounding
label 'SWEET ROSE LOLLIPOP'
or any other identical / deceptively similar
trademark to the Respondent no.1's trademark
'MADHUR ROSE ... respondents for an order of injunction against
a party using similar trademarks without any authority.
32. He submitted that the appellants are not allowed
sale,
advertising or promoting any product under the trademark 'APPLEPLANT'
or any trademark similar to Plaintiff's trademark 'APPLESTREE', which ... taken by the United States Patent and
Trademark Office Trademark Trial and Appeal Board while
deciding trademark cancellation proceedings in the decision
reported
that the trademark “AACHI” is the registered trademark
and therefore, the plaintiff is the registered proprietor of the
trademark “AACHI”, the trademark of the plaintiffs ... defendant's trademark is similar and deceptively
identical or similar to the registered trademark of the plaintiffs.
E. The use of the word
respondent's trademark by using deceptively
similar mark “MRI” or any other marks similar or deceptively similar to the
mark of the respondent namely ... there is colour difference in both the Trademarks, as
already observed, when both the Trademarks are similar in size and form,
an average customer would
medicinal and pharmaceutical
preparations under the trademark BUPRO or any other trademark that
is identical and/or deceptively similar as that of the plaintiff ... medicinal and
pharmaceutical preparations under the trademark LOBAZ or any other
trademark that is identical and/or deceptively similar as that of the
plaintiff
trademarks Act
has to be read along with Section 29 of trademarks Act, which explains what
would constitute infringement of trademark. Section 29 of trademarks ... trademark
such tinkered trademark used by the 3rd party has to be compared with the
registered trademark to decide whether it is deceptively similar
