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Vgn Projects Estates Private Limited vs M/S.Vgk Builders Pvt. Ltd on 12 March, 2025 cites

Cadila Healthcare Limited vs Cadila Pharmaceuticals Limited on 26 March, 2001

9(e) By virtue of being the registered proprietor of the trade marks , learned counsel submits that the defendants have an impregnable defence as regards the action for infringement. Even as regards the action for passing off, he submits that acquiescence qualifies as a defence. Without prejudice, after referring to the details of projects executed by the defendants between 2014 and 2022 in respect of the aggregate built up area of about 3,44,873.5 square feet, learned counsel submits that no case is made out for the grant of relief either in respect of alleged infringement or passing off. He also submits that the nature of the business should be taken into consideration while examining whether the use of a mark is likely to cause deception or confusion. In the specific context of the use of a mark in relation to the development of real estate, learned counsel submits that potential customers undertake detailed due diligence on the developer 15/47 https://www.mhc.tn.gov.in/judis ( Uploaded on: 17/03/2025 08:16:06 pm ) C.S.(Comm.Div.) No.205 of 2023 before deciding whether to enter into a joint development agreement or any other agreement with a developer. On this issue, learned counsel relied upon the relevant factors in a passing off action, as set out in paragraph 35 of the judgment of the Supreme Court in Cadila Health Care Limited v. Cadila Pharmaceuticals Limited, (2001) 5 SCC 73.
Supreme Court of India Cites 20 - Cited by 545 - Full Document
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