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1 - 10 of 33 (0.38 seconds)Kaviraj Pandit Durga Dutt Sharma vs Navaratna Pharmaceutical ... on 20 October, 1964
(Emphasis supplied)
36 In the case of Kaviraj Pandit Durga Dutt Sharma vs.
Navaratna Pharmaceutical Laboratories22, the Hon'ble Supreme Court
has considered the parameters which merit consideration while
determining whether a mark is "likely to deceive". In para 29 the apex
court held :
Section 3 in The Companies Act, 1956 [Entire Act]
Burroughs Wellcome (I) Ltd. vs American Home Products And Anr. on 3 October, 2001
In Burroughs Wellcome (I) Ltd. vs. American Home
Products and Ors.25, the court said :
Honda Motor Company Limited vs Kewal Brothers And Anr. on 9 September, 1999
Honda Motor Company (Supra)
"36.
The Companies Act, 1956
Cadila Healthcare Limited vs Cadila Pharmaceuticals Limited on 26 March, 2001
Also Meso Private
Limited vs. Liberty Shoes Ltd. and Ors.20,
35 The principles for determining the deceptive similarity
between two marks was set out in the landmark judgment of Cadila
Health Care Ltd. vs. Cadila Pharmaceuticals Ltd. 21. The Hon'ble
Supreme Court has set out several relevant factors in para 42 of this
judgment for determining the likelihood of deception.
Section 8 in The Trade Marks Act, 1999 [Entire Act]
Sun Pharmaceuticals Industries ... vs Emcure Pharmaceuticals Limited on 9 January, 2012
(Emphasis supplied)
Sun Pharmaceuticals Industries (Supra)
"16. It is necessary therefore, for the plaintiff to establish that the
products sold by it under the mark "SUSTEN" had acquired the
requisite goodwill and reputation by 19.11.2010 i.e. the date on
which the defendant used that impugned mark. This is the
plaintiff has done."
Ruston & Hornsby Ltd vs The Zamindara Engineering Co on 8 September, 1969
34 It is settled law the test of infringement is the same as in an
action for passing off. Thus, the principles of / tests for determining the
likelihood of confusion or deception arising from similarity of marks
shall be the same. Reliance was placed by Mr. Kamod upon the decisions
of the Hon'ble Supreme Court in the cases of Ruston & Hornsby Ltd. vs.
The Zamindara Engineering Co.18, and Kaviraj Pandit Durga Dutt
Sharma vs. Navaratna Pharmaceutical Laboratories19.