Similarities
[1] The Anti-Dissection Rule
[a] Compare composites as a Whole Conflicting
composite marks are to be compared by looking at
them ... Page 19 of 40
to view the component parts of conflicting composite
marks as a preliminary step on the way to an ultimate
determination
label, brand, mark on his products and commenced using the said mark as its trade mark on the products of the appellant from the year ... name TAJ in the composite label.
(g) The appellant besides acquiring Common Law Rights to the said composite trade mark TAJ with a view
supra) in which it is stated that the registration of the composite mark
would not ipso facto confer any exclusive rights as to the parts ... supra),
the mark therein was registered as the word mark "AYUR" along with an
elliptical band around it - thus a composite
whisky since 1995. As such,
he submits that use of any composite mark by others, with ―PRIDE‖
as the second component of the mark would ... examining (i) the nature of the marks, i.e. whether they are word
marks/label marks/composite marks, (ii) the degree of similarity
between
registration has been granted to the plaintiff in respect of the
composite mark „SUPER CUTESTERS‟, „SUPER CUTES‟ and
„SUPER CUTEZ‟ and not the wordmark „SUPER ... terms of Section 17 of the Act, registration of a composite mark
will not confer any exclusive right to the plaintiff in respect
Courts while dealing with
the case of trademark infringement, involving composite marks must
consider the same in their entirety as an indivisible whole rather than ... particular portion or element of a mark in case of
composite marks and that the principle of 'anti-dissection' does not
Signature
arbitrary mark for whisky. Therefore, the respondent has vast
reputation and goodwill in the said mark. The appellant is using a
composite word mark ... Officer's Choice dates back to 1988 and for the composite
mark to 1990 in Class 33. By virtue of the registrations, Plaintiff
that the Defendants have a
valid and subsisting registration in the composite mark
in Class 5, for which they had applied on
18.12.2018 and secured ... Plaintiffs' mark is registered. The
answer, in my opinion, is an emphatic 'no'. Defendants' registered mark is a
composite mark consisting
nature of the marks i.e. whether the
marks are word marks or label marks or
composite marks i.e. both words and label works ... particular portion or element of
a mark in case of composite mark. Thus, a
particular element of a composite mark which
enjoys greater prominence
permitted to claim
infringement of or passing off of its composite mark Burj Al Arab against
the defendant who is using an entirely different composite ... follows:-
(i) The plaintiff‟s registration and use of the composite mark „Burj Al
Arab‟ does not give it a right over the word „BURJ
