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Red Bull Ag vs Pepsico India Holdings Pvt Ltd & Anr on 6 April, 2022 cites

Sentini Bio Products Pvt. Ltd. vs M/S. Allied Blender & Distillers Pvt. ... on 6 July, 2015

36. The counsel for the plaintiff has also placed reliance on the judgment in Shree Nath Heritage Liquor (supra) in support of its contention that where a synonym of the plaintiff's mark is used by the defendant, injunction can be granted. But, the aforesaid judgment was in the context of the synonyms being used as the main trademarks and not in the context of taglines. Therefore, in my view, the aforesaid judgment would not be applicable in the facts and circumstances of the present case.
Delhi High Court Cites 12 - Cited by 24 - P Nandrajog - Full Document

Godfrey Phillips India Ltd. vs Girnar Food & Beverages Pvt. Ltd. on 5 December, 1997

In Godfrey Philips India v. Girnar Food and Beverages, (2005) 30 PTC 1 (SC) and Indian Shaving Produtcs. Gift Pack, (1998) 18 PTC 698, it was held that even descriptive marks are capable of registration as trademarks, and their unauthorized use can amount to infringement, provided they attain that level distinctiveness, through sustained use and reputation, that a mere use of such generic term would immediately signify the plaintiff as its manufacturer. Therefore, in order to so find, that use of a descriptive term or a term that is publici juris, amounts to infringement, the plaintiff must establish that use of the term has become synonymous with its mark, or that the reputation of the mark is of such nature that the public is likely to get confused and would attribute the defendants' goods to the plaintiff's. The more descriptive the term employed or alleged to be infringing, higher the standard of evidence required to establish that term has in fact acquired secondary meaning and thereby, attained distinctiveness.
Supreme Court of India Cites 1 - Cited by 46 - Full Document
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