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Moroccanoil Israel Limited Anr. vs Modicare Limited on 18 November, 2022 cites

T.V. Venogopal vs Ushodaya Enterprises Ltd. & Anr on 3 March, 2011

24. To show the long and continuous use of the mark, the plaintiffs have placed, in sealed cover, sales figures of their products and the expenditure for promotion in the past years. The said sealed cover was opened in the presence of learned counsels for the parties on 28th October, 2022 which shows that the sales figures of the plaintiff are phenomenal, thereby showing that the plaintiff‟s product have attained goodwill by its long and continuous use. Applying the tests laid down, even though "Moroccan" and "Oil" are two distinct words having their independent meaning but the plaintiff having Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT CS (COMM) 52/2019 Page 17 of 31 Signing Date:19.11.2022 17:51:10 Neutral Citation No.2022/DHC/004949 coined the combination of two words "MOROCCANOIL" which word has attained goodwill by its long and continuous use, the mark of the plaintiff deserves protection. Hon‟ble Supreme Court in the case cited as (2011) 4 SCC 85 T.V. Venugopal v. Ushodaya Enterprises Ltd., held:
Supreme Court of India Cites 25 - Cited by 74 - D Bhandari - Full Document

Madhubhan Holiday Inn vs Holiday Inn Inc. on 9 August, 2002

27. An uncanny similarity between the defendant‟s mark and that of the plaintiffs‟, which is sufficient to show that there was a dishonest adoption of the mark on the part of the defendant as in the present case, was held to be deceptive and liable to be injuncted by this court in 2002 SCC OnLine Del 864 Madhubhan Holiday Inn v. Holiday Inn Inc., wherein it was held:
Delhi High Court Cites 25 - Cited by 11 - D Bhandari - Full Document
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