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M/S. Nandhini Deluxe vs M/S. Karnataka Cooperative Milk ... on 26 July, 2018

(iv) Learned counsel went to the extent of targeting the finding that Trademark “NANDHINI” adopted by the respondent is a well- known inasmuch as such finding was without any supporting material. In this behalf, he attempted to show that there was no 7 (2015) 221 DLT 359 8 (2001) 5 SCC 73 9 (1997) 4 SCC 201 Civil Appeal Nos. 2937-2942 of 2018 with Ors. Page 25 of 47 finding by the IPAB that the mark “NANDHINI” of the respondent is a well-known mark. He argued that the concept of well-known trademark enshrined under Section 11(2) of the Act which gives wider net of protection to the trademarks in respect of different set of goods is a completely different than that of the Section 11(1). It is submitted that for arriving at the conclusion of well-known trademark there are certain defined parameters on which the trademark is required to be tested, as held by Delhi High Court in Nestle India Ltd. v. Mood Hospitality Pvt. Ltd.10
Supreme Court of India Cites 32 - Cited by 48 - A K Sikri - Full Document
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