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Documents citing Somany Ceramics Limited vs Shri Ganesh Electric Co. & Ors. on 28 July, 2022

Sammaan Capital Limited & Ors. vs Svamaan Financial Services Private ... on 18 February, 2025

(f) The triple identity test stands satisfied in the present case, inasmuch as the marks are deceptively similar to each other, they deal with same services i.e. financial loans and cater to the same customer segment. In this context, learned Senior Counsel submit that the learned Single Judge is correct in his finding that, even if, today, the respondent is advancing loans which are much less than the loans ordinarily advanced by the appellants, that situation can always change and the respondent may decide to enter the space occupied the appellants. For this purpose, learned Senior Counsel place reliance on the following passage from Somany Ceramics v Shri Ganesh Electric19:
Delhi High Court Cites 26 - Cited by 0 - C H Shankar - Full Document

Sammaan Finserv Limited vs Svamaan Financial Services Private ... on 18 February, 2025

(f) The triple identity test stands satisfied in the present case, inasmuch as the marks are deceptively similar to each other, they deal with same services i.e. financial loans and cater to the same customer segment. In this context, learned Senior Counsel submit that the learned Single Judge is correct in his finding that, even if, today, the respondent is advancing loans which are much less than the loans ordinarily advanced by the appellants, that situation can always change and the respondent may decide to enter the space occupied the appellants. For this purpose, learned Senior Counsel place reliance on the following passage from Somany Ceramics v Shri Ganesh Electric19:
Delhi High Court Cites 26 - Cited by 0 - C H Shankar - Full Document

Waterways Leisure Tourism Private ... vs Mr. Mukesh Prasad Thapliyal And Ors on 28 July, 2025

(1965) 1 SCR 737 5 2025 SCC OnLine Del 3364 6 2024 SCC OnLine Del 2281 I.A. 1268/2025 in CS(COMM) 42/2025 Page 5 of 18 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:28.07.2025 17:46:22 6.6. What is alarming is that the defendants were fully aware of the plaintiff's pre-existing trademark in the same Class as also for similar services as the Trade Marks Registry, in its Examination Report dated 28.12.2022 in the application for registration of the mark vide application no.5558558 in Class 43 of the TM Act, while raising an objection under Section 11 of TM Act, cited the plaintiff's mark . 6.7. The mala fide of the defendants is apparent since even after receipt of the Cease-and-Desist notice on 22.08.2024 on the defendant no.1, they continued using the impugned marks for hotel and hospitality services. 6.8. Moreover, since as per the Invoices filed by the defendants, they commenced usage thereof only since the year 2022, whereas the plaintiff has been continuously using the mark since before that, i.e. from the year 2021 and is thus the 'prior user' thereof. The plaintiff is also the prior registrant of the trademark .Thus, the plaintiff is not only the prior user but also the prior registrant of the trademark . Therefore, the plaintiff has better rights than the defendants. Reliance was placed upon Somany Ceramics Limited v. Shri Ganesh Electric Co. & Others7. 6.9. Since both the plaintiff and defendants are promoting/ advertising/ listed their services on the same websites such as Goibibo, TripAdvisor, EaseMyTrip and MakeMyTrip, there exists actual likelihood of confusion 7 2022 SCC OnLine Del 3270 I.A. 1268/2025 in CS(COMM) 42/2025 Page 6 of 18 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:28.07.2025 17:46:22 and an unwary consumer can mistakenly associate the defendant's mark with the plaintiff.
Delhi High Court Cites 24 - Cited by 0 - Full Document

Respectively By Nssj) vs The Deputy Registrar Of Trade Marks

(11) of another learned Single Judge of the Delhi High Court in Somany Ceramics Ltd. Vs. Shri Ganesh Electric Co. [reported in 2022 SCC OnLine Delhi 3270]; and (12) of another Division Bench of the Delhi High Court in Raman Kwatra Vs. KEI 10/62 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/02/2026 01:27:17 pm ) (T)CMA(TM) Nos.110 & 157 of 2023 Industries Ltd. [reported in 2023 SCC OnLine Delhi 38].
Madras High Court Cites 48 - Cited by 0 - N A Venkatesh - Full Document
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