Sentini Bio Products Pvt. Ltd. vs M/S. Allied Blender & Distillers Pvt. ... on 6 July, 2015
Mention in this context can be made
of Janki MAX and MAX Centre for Liver & Biliary Sciences also.
The same would be the position of others. Again, I have wondered
whether the legislators of Trademarks Act providing for
registration of label/device marks can be presumed to be ignorant
of human psychology and/or the way the human mind perceives
such marks. The answer is again no. It has been held in Allied
Blenders & Distillers Pvt. Ltd. v. Shree Nath Heritage Liquor Pvt.
Ltd. (2014) 211 DLT 346 affirmed by the Division Bench in Shree
Nath Heritage Liquor Pvt. Ltd. v. Allied Blender & Distillers Pvt.
Ltd. (2015) 221 DLT 359, Prathiba M. Singh v. Singh &
Associates 2014 SCC OnLine Del 1982 and Gillette Company
LLC v. Tigaksha Metallics Pvt. Ltd. (2018) 251 DLT 530 that the
test for infringement of a label/word mark is the test of prominent
word of the mark.