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Royal County Of Berkshire Polo Club Ltd & ... vs Lifestyle Equities C V & Ors on 28 August, 2023
cites
M/S. South India Beverages Pvt. Ltd. vs General Mills Marketing Inc. & Anr. on 13 October, 2014
In
South India Beverages India Private Limited v. General Mills
Marketing Inc: 2014 SCC OnLine Del 1953, the Division Bench
of this Court had explained the 'anti-dissection rule' in some
detail. The Court reiterated that "conflicting composite marks are
to be compared by looking at them as a whole, rather than
breaking the marks up into their components parts for
comparison". However, the Court had also observed that "while
a mark is to be considered in entirety, yet it is impermissible to
accord more or less importance or 'dominance' to a particular
portion or element of a mark in cases of composite marks".
THE COMMERCIAL COURTS ACT, 2015
Sentini Bio Products Pvt. Ltd. vs M/S. Allied Blender & Distillers Pvt. ... on 6 July, 2015
21. The Respondent heavily relies upon the judgment in the case of
Shree Nath Heritage Liquor Pvt. Ltd. v. Allied Blender & Distillers
Pvt. Ltd. (supra), and Corn Products Refining Co. v. Shangrila Food
Products Ltd. : (1960) 1 SCR 968 to contend that prima-facie the
appellant's label is a substantial reproduction of the respondent's label.
Corn Products Refining Co. vs Shangrila Food Products Ltd. on 8 October, 1959
21. The Respondent heavily relies upon the judgment in the case of
Shree Nath Heritage Liquor Pvt. Ltd. v. Allied Blender & Distillers
Pvt. Ltd. (supra), and Corn Products Refining Co. v. Shangrila Food
Products Ltd. : (1960) 1 SCR 968 to contend that prima-facie the
appellant's label is a substantial reproduction of the respondent's label.
Vasundhra Jewellers Pvt. Ltd. vs Kirat Vinodbhai Jadvani & Anr. on 13 October, 2022
30. This Court in a recent decision in the case of Vasundhra
Jewellers Pvt. Ltd. v. Kirat Vinodbhai Jadvani & Anr.; 2022:Delhi
High Court:4255-DB, has held as under:
Section 13 in THE COMMERCIAL COURTS ACT, 2015 [Entire Act]
The Registrar Of Trade Marks vs Ashok Chandra Rakhit Ltd on 15 April, 1955
In Registrar
of Trade Marks v. Ashok Chandra Rakhit Ltd: AIR 1955 SC 558,
the Supreme Court had referred to the aforesaid observation and
held as under:-