notice that the registration granted to
Hindustan is of the composite mark "DISPOCANN" repeated in a stylized font (all
in capitals ... makes it ample clear that a
registered proprietor of a composite mark cannot seek exclusivity
with respect to individual components of the trademark. Therefore
marks. If the plaintiff is able to prima facie establish that the two marks are
either identical or very similar, that the impugned mark concerns ... such cigarettes sold under the "WILLS"
formative marks, classic formative marks, including sub-marks such as
"GOLD FLAKE" and "NAVY
mark was registered in 1979; ROMA's "ROKA" mark was registered in 1996. It is an
undisputed fact that the rival marks ... 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
plaintiffs have acquiesced in the
defendants' use of the word mark as well as the eye device. Relying on Power
CS(OS) 1240/2004 ... would consider the nature of the mark-whether it is a
composite mark, which includes both words and labels; the degree of resemblances
both visual
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
defendant, of the plaintiff's mark. Both the rival BLING marks are unregistered, and both
are have been recently adopted. Judgments of the Supreme ... marks, i.e., whether they are word, label or composite marks, i.e.,
both word and label marks.
IA Nos. 13938 & 14366/2010
issued in 2000 with a claimed user of the mark, since 1991. Now, the mark here
comprises of the cat representation, and the word BILLI ... even the word mark (all of which are part of a composite mark) have no connection or
co-relation to the goods or products
regards joint ownership of the mark, the court is of opinion that no new
mark, or modification of the mark, can be brought about, unilaterally ... word mark, logo and composite mark by the other
defendants are concerned, the pleadings and documents disclose that they
are closely associated with the first
trade mark. The franchise agreement is a composite
contract, wherein, the trade mark and other services like knowhow, recipe,
training, trade secrets, policies ... what was being transferred was more than just
the trade mark, and constituted composite services; thereby not falling within
the definition of "goods
mark‟s extensive use by the plaintiff, to disclose its
distinctiveness (as a source identifier of its products), the appropriation of the mark ... 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
