trademark which ought to be protected against
imitation, confusion, deception, dilution and unfair competition by
competitors in the trade.
6. It is averred that Plaintiff ... under the impugned mark PEBBLE,
which is phonetically, structurally and visually identical/deceptively similar
to Plaintiff's trademark/label . It is the case
THARU'/' '
and/or any other mark identical with or deceptively similar to
Plaintiff's trademarks 'DHOLA MAARU ... business of alcohol
beverages was about to commercially launch country liquor under
deceptively similar trademarks 'DHOLA THARU'/' '
and , through his
proprietorship
Indian
Made Foreign Liquor (IMFL) under the impugned mark or
any identical/deceptively similar mark to that of Plaintiff's trademarks
'Officer ... referred to as "Green Choice") or any other mark, identical/
deceptively similar mark to Plaintiff's trademarks 'Officer's Choice
trademarks and the
formative trademarks and, therefore, use of the same or deceptively similar
trademarks by an unauthorised person, in relation to similar goods, amounts ... been taking actions
from time to time against third parties from using deceptively similar marks.
A list mentioning some of the Court orders as brought
other trademark/tradename or logo/device, which is identical to and/or
deceptively similar to Plaintiff's trademark 'SOMANY' amounting to
infringement ... trademark/tradename of the Plaintiff or any other domain name identical
or deceptively similar to 'SOMANY'.
2. Plaintiff is a Company incorporated under
plaint and/or any other trademark/trade name/label/device/domain name
deceptively similar to Plaintiff's trademarks 'T.I.M.E. - TRIUMPHANT ... alleged dishonest adoption and use by the
Defendant of nearly identical or deceptively similar trademark 'Times' and
trade name 'TIMES COACHING CENTRE
2022 Page 1 of 62
Signing Date:20.08.2023
20:58:54
deceptively similar title/name KHILADI in any format i.e. cinema
hall ... from using
Plaintiff's registered 'KHILADI' trademarks or deceptively similar
marks/title/name of any cinematographic films, motion pictures etc.
on cinema
services bearing the mark CITIZEN or C-TIZEN and/or
any other deceptively similar trademark, trade name and domain name
which infringes and/or dilutes ... revealed that Defendant was infringing its mark CITIZEN by using
deceptively similar and phonetically identical mark CITIZEN for lathe
machines. Defendant had launched a website
transliteration thereof in Hindi and/or any other
language and/or any deceptive variation thereof in relation to their
product i.e. country-made liquor ... transliteration of a
registered mark is impermissible in law as it causes deception amongst
the consumers. Reliance was placed on the judgments in Bhatia
Plastics
formative marks as
well as from using any other mark(s) identical/deceptively similar
thereto, amounting to infringement and passing ... trademark 'CARLTON LONDON' and its formative marks,
which are identical/deceptively similar to VIP's registered trade mark
CARLTON and its formative
