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Wipro Enterprises Private Limited vs Himalaya Wellness Company & Ors. on 1 October, 2024

18. The Appellant has explained that prior to launching their product, it had conducted a search in Class 3 of the NICE Classification for the mark "EVECARE" and the search result showed that there was no other mark in the said Class of goods as the Respondents' mark appears in Class 5. Thus, the Appellant could not have been injuncted by the learned Single Judge. We are unable to agree with this submission. Relying on the judgment in the FDC Limited v. Docsuggest Healthcare Services Pvt. Ltd. & Anr.12, the learned Single Judge has held that the classification of goods and services under Section 7 of the Act is not the criteria for deciding the question of similarity of such goods and services.
Delhi High Court Cites 13 - Cited by 0 - V Bakhru - Full Document

Ampm Designs Thr. Partner Akash Mehta vs Intellectual Property Appellate Board ... on 29 October, 2021

55. Reliance was also placed on another judgment of the Delhi High Court in the case of FDC Limited vs. Docsuggest Healthcare Services Pvt. Ltd. and ors,18 wherein the learned Single Judge considered the submission on behalf of the defendants therein that the goods and services falling in different classes cannot be said to be allied or cognate. In the facts of the said case, it was ruled that classification of the goods is not the criteria for deciding the questions of similarity. 13 AIR 1969 Bom 24.
Bombay High Court Cites 33 - Cited by 0 - N J Jamadar - Full Document

Ampm Fashions Private Limited vs Mr. Akash Anil Mehta, Partner Of Ampm ... on 9 November, 2021

(x) Interior designing is a natural expansion of the business, in which the plaintiff is presently involved in i.e., fashion designing. These two businesses are allied and akin to each other, and therefore, according to the plaintiff, it is natural to progress from fashion designing to interior Signature Not Verified Digitally Signed I.A. No.6026/2020 in CS(COMM)No.272/2020 Page 11 of 34 By:VIPIN KUMAR RAI Signing Date:11.11.2021 16:30:58 designing. [See FDC Limited vs Docsuggest Healthcare Services Pvt. Ltd. & Anr., 2017 (69) PTC 2018.]
Delhi High Court Cites 20 - Cited by 0 - R Shakdher - Full Document

Diageo Brands B.V. & Anr. vs Great Galleon Ventures Limited on 2 August, 2022

20. Imitation may be the best form of flattery, but the Plaintiffs herein are unamused by the emulation of their Hipster bottle by Defendant, and pray that 15 Reliance was placed on: Shree Nath Heritage Liquor Pvt. Ltd. v. M/s Allied Blender & Distillers Pvt. Ltd., 2015 SCC OnLine Del 10164 at paragraphs no. 5, 24, 100-105; Baker Hughes Limited & Anr. v. Hiroo Khushalani & Ors., 1998 SCC OnLine Del 481 at paragraph no. 54; FDC Limited v. Docusuggest Healthcare Services Pvt Ltd. & Anr., 2017 SCC OnLine Del 6381 at paragraph no. 30.
Delhi High Court Cites 57 - Cited by 3 - S Narula - Full Document

Hatsun Agro Products Ltd vs M/S.Arokiya Foods on 11 August, 2022

(iii) FDC Ltd. v. Docsuggest Healthcare Services (P) Ltd. (FDC Ltd.) (2017) 1 HCC (Del) 16 for the proposition that the following factors are relevant to determine similarity of goods: nature, intended purpose, _____________ https://www.mhc.tn.gov.in/judis Page No.11 of 48 C.S.No.34 of 2015 method of use, users, the trade channels through which the goods reach the market, location in the shops, etc.
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