used as a
trade mark in respect of the hosiery and allied/cognate goods it is an
arbitrary marks. By definition and evolution an arbitrary ... SMILE' in respect of hosiery and allied/cognate goods is like using
'Apple' for computers, 'Arrow' for shirts
surgical apparatus
and instruments, orthopedic articles, limbs restraints and other
cognate/allied goods under different trademarks, including HOSPIGRIP
and HOSPICUFF and is the registered proprietor ... surgical apparatus and instruments, orthopedic articles, limbs
restraints and other cognate/allied goods and other cognate/allied goods
bearing the impugned marks/labels HOSPIGRIP
anybody else in relation to Zafrani Zarda or any other cognate or allied goods is bound to cause confusion and deception amounting to passing ... passing off, goods not only of the same kind which the plaintiff manufactures are protected but also goods which are allied or cognate in nature
charging sector constituting a single segment and
accepting the principle of allied/cognate goods or services as
enunciated by Courts while considering the similarity ... OnLine Del 6381 has
considered in detail the concept of ‗allied/cognate goods or
services', and has held as follows:
"51. ...... Allied/cognate
surgical
apparatus and instruments, orthopedic articles, limbs
restraints and other cognate/allied goods and other
cognate/allied goods bearing the impugned marks/labels
HOSPIGRIP ... surgical apparatus and
instruments, orthopedic articles, limbs restraints and other
cognate/allied goods, thereby infringing plaintiff's
registered trade mark HOSPIGRIP and HOSPICUFF;
infringement
settled that similarity of goods would include a
case where the impugned goods are cognate and allied to the
goods of a Plaintiff, for which ... that both class of goods were sold from the same shops and held the
goods to be 'cognate and allied'. An injunction
products including cotton pads, wet wipes, and bathroom
fragrances and related/allied/cognate goods that fall under the
category of cosmetics and toiletries ... trade of
perfumes, perfumery spray, cosmetics, personal care products and
related allied/cognate goods (impugned goods). The defendants
FAO(OS) (COMM) 253/2023
Signature
circulating, displaying and marketing its goods
namely Fruit Juices and/or allied, cognate goods through offline
or online/internet mode, under the identical-deceptively similar ... circulating, displaying and marketing its goods
namely Fruit Juices and/or allied, cognate goods through offline
or online/internet mode, under the identical-deceptively similar
engine
oil, coolants, gear oils and lubricants and/or similar/ related/ allied/
cognate goods, bearing the Defendants' Marks and Packaging,
including, SUPER CASTROL, ACTIV ... passing-off their engine oil and
lubricants and/ or similar/ related/ allied/ cognate goods bearing the
Defendants' Marks and/ or the Defendants' Packaging
deceptively similar trade mark thereto in respect of
identical/similar/allied & cognate goods/services/business, which may
constitute infringement of proprietary rights ... deceptively similar trade mark thereto in respect of
identical/similar/allied & cognate goods/services/business, which may
constitute infringement of proprietory rights
