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Kamat Hotels (India) Limited vs Royal Orchid Hotels Limited And Another on 5 April, 2011

The expression "LOW ABSORB" is quite clearly a common descriptive expression/adjective. The expression "LOW ABSORB " is not a coined word and at best it is a combination of two popular English words which are descriptive of the nature of the product as held by the Division Bench in Cadila Healthcare Ltd. (supra) case that such adoption naturally entails the risk that others in the field would also be entitled to use such phrases. Low Absorb is not an unusual syntax and the same can almost be said to be a meaningful part sentence or phrase in itself. The expression "LOW ABSORB" surely and immediately conveys the meaning of the expression that something which absorbs less, and when used with respect to edible oil, it is descriptive in that it refers to less oil being absorbed or low oil being absorbed.

S. Syed Mohideen vs P. Sulochana Bai on 17 March, 2015

5. Learned counsel for the defendant contends that the defendant is using the trademark since the year 2007 prior to the filing date of the application of the plaintiff wherein the mark „NO TURN‟ is proposed to be used, thus, the defendant is clearly protected being a prior user. Further the defendant uses the „NO TURN‟ mark along with its brand KURLON which is a well- established and reputed brand in mattresses and hence there can be no confusion. Reliance is placed on the decisions reported as (2016) 2 SCC 683 S. Syed Mohideen vs. P. Sulochana Bai and 2019 SCC OnLine Del 7644 Intercity Hotel GMBH vs. Hotel Intercity Delhi & Ors.
Supreme Court - Daily Orders Cites 21 - Cited by 102 - A K Sikri - Full Document

Intercity Hotel Gmbh vs Hotel Intercity Delhi & Ors on 13 March, 2019

5. Learned counsel for the defendant contends that the defendant is using the trademark since the year 2007 prior to the filing date of the application of the plaintiff wherein the mark „NO TURN‟ is proposed to be used, thus, the defendant is clearly protected being a prior user. Further the defendant uses the „NO TURN‟ mark along with its brand KURLON which is a well- established and reputed brand in mattresses and hence there can be no confusion. Reliance is placed on the decisions reported as (2016) 2 SCC 683 S. Syed Mohideen vs. P. Sulochana Bai and 2019 SCC OnLine Del 7644 Intercity Hotel GMBH vs. Hotel Intercity Delhi & Ors.
Delhi High Court Cites 22 - Cited by 2 - J Nath - Full Document
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