marks means
more than taking just one component of a composite trade mark and
comparing it with another mark; on the contrary, the comparison must ... that the overall impression conveyed to the relevant public by a
composite trade mark may not, in certain circumstances, be dominated by
one or more
deceptively similar trade mark also.
14. The trade mark "DIMMER DOT" of the defendants is
admittedly not a registered trade mark although ... record indicates that
they are using the trade mark "DIMMER DOT" as a
registered trade mark in advertisements, invoices and
pamphlets. Such
about the
use and registration of the trade mark DROTIN while adopting the
impugned mark. The illegal trade activities of the defendants are causing
irreparable ... deceptively similar trade mark also.
14. The trade mark "DIMMER DOT" of the defendants is
admittedly not a registered trade mark although
restrained from using bottles with the trade
mark TANGO or any other mark with the mark TANGO in respect
of country liquor. The claim ... that the
Plaintiff's registered trade mark is a composite label mark, not a
word mark and that the Plaintiff has no monopoly
deceptively
similar trade mark also.
14. The trade mark "DIMMER DOT" of the defendants is
admittedly not a registered trade mark although ... record indicates that
they are using the trade mark "DIMMER DOT" as a registered
trade mark in advertisements, invoices and pamphlets. Such
Trade Marks Act, 1999; secondly, that the Plaintiff is the
registered proprietor not of TANGO as a trade mark but of
TANGO PUNCH; and that ... predecessor, Brihan-
Maharashtra Sugar Syndicate Ltd. ("BMSSL"), adopted a
composite trade mark label 'TANGO PUNCH', in devnagiri script,
in respect
trade mark attorneys received a communication to the said effect from the
defendant‟s trade mark attorneys. Knowledge about use of the mark ZARA ... trade mark ZARA as trade mark are infringing
the plaintiff‟s well known trade mark. It is further alleged that
by using the mark ZARA
give up the unauthorized and unlawful use of mark VAT 999
and infringing trade dress of JOHNNIE WALKER Red Label bottle. The
defendant however ... square shaped bottle, the stenciled lettering style in respect of the composite trade
mark and slanted central label with bold coloured border and red inner
give up the un
authorized and unlawful use of mark VAT 999 and infringing trade dress of
JOHNNIE WALKER Red Label bottle. The defendant however ... square shaped bottle, the stencilled lettering style in respect of the composite
trade mark and slanted central label with bold coloured border and red inner
prescribes that, in the case of a 'composite mark'
(namely a mark consisting of several matters), the exclusive right conferred by
registration ... exclusivity) over such
parts or constituents of a composite mark, which are 'common to the trade' or of a
'non-distinctive character
