LOOM'
mark to 'FRUIT FLOPS' and 'FRUIT CUPS' mark and found the marks
to be dissimilar. The Court observed that ... 2014 Page 10 of 26
[a] Compare composites as a Whole: Conflicting composite
marks are to be compared by looking at them as a whole
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
Similarities
[1] The Anti-Dissection Rule
[a] Compare composites as a Whole
Conflicting composite marks are to be
compared by looking at them ... anti-dissection rule to
view the component parts of
conflicting composite marks as a
preliminary step on the way to an
ultimate determination of probable
prescribes that, in the case of a 'composite mark'
(namely a mark consisting of several matters), the exclusive right conferred by
registration ... expressly prescribes that where a composite
mark contains matter which is common to the trade or is otherwise of a non-
distinctive character, registration
restrained from using bottles with the trade
mark TANGO or any other mark with the mark TANGO in respect
of country liquor. The claim ... mark, not a
word mark and that the Plaintiff has no monopoly in the word
TANGO; that word is not a registered trade mark
Trade
Marks Registry for the mark 'TODAY' in class 38, revealed trademark
applications for the following third-party marks containing 'TODAY ... mark 'NATION TODAY' inasmuch as the same is phonetically,
visually and structurally different from the mark of the Plaintiffs which
were composite 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 ... defendant's mark and by the word ‗OXE' in
the appellant's mark. It is common knowledge that the medicinal
preparations
defendants -
from using the trade mark PARALITE or any other trade mark
deceptively similar to the trade mark PARACHUTE and
PARACHUTE LITE;
from infringing ... first registered
on 31st July, 1978 as part of a composite mark under number 339152
in Class 3 in respect of hair oil. The same
same, none of the alleged registrations certificates bear reference to
the trade mark - UNIVERSAL NEUTRACEUTICALS. Therefore, all
claims and averments of the plaintiffs qua deceptively ... scope for public
confusion. Further, the presence of defendant's composite mark
UNIVERSAL on the trade dress and the plaintiff
much
alike when pronounced."
25. The drugs have a marked difference in the
compositions with completely different side effects, the
test should be applied ... 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
