cereals under the trademark SONA or any other trademark which is
deceptively similar with the plaintiff's trademark. The said interim order
was continued ... trademark SONA
and the two trademarks of the parties are not deceptively
similar, hence no infringement and passing off.
(b) That the suit
defendants from
using the trademark, PARALITE or any other trademark deceptively
similar to the plaintiff's trademark, PARACHUTE and PARACHUTE
LITE in relation ... lead to deception and confusion.
23. Thus, it appears to the Court that the trademark used by the
defendants is deceptively similar to the trademark
superior quality of goods, even
the two trademarks have become deceptively similar.
29. In order to establish infringement, the main ingredients of Section ... defendant's
mark is identical with or deceptively similar to the registered trade mark; and
the defendant's use of the mark
identical or
deceptively similar mark by any other person in relation to similar goods,
without permission, consent or license from the plaintiffs amounts to
infringement ... defendant of the trade mark DROTAMOL, which is deceptively similar to,
plaintiff's registered trade mark DROTIN in respect of identical/similar
goods
1991/2007 Page 1 of 14
trade mark MCALIS which is deceptively similar to the Plaintiff‟s well
known trade mark CIALIS. Also, the CIALIS ... plaintiffs is that the two trade
marks CIALIS and MCALIS are deceptively similar and, therefore, it is
a classic case of infringement of trade mark
impugned domain name
www.universalneutraceuticals.com which may be deceptively similar
to the plaintiffs' well known trademark/name UNIVERSAL or dilutes
the distinctiveness thereof ... impugned mark/name UNIVERSAL
NEUTRACEUTICALS used by the defendant is deceptively similar to
the trade marks UNIVERSAL SKINCEUTICALS and UNIVERSAL
DERMACEUTICALS which are registered
mark DPS and the words Delhi Public School,
which were deceptively similar and the said act was done
deliberately by the defendants ... justification whatsoever, for the illegal adoption and use of
deceptively similar words in respect of the service and products
offered by them. The aforesaid acts
trademark and trade name
ENTERPRISE or ENTERPRIZE or any other deceptively similar mark to
plaintiff's trade mark ENTERPRISE.
CS (OS) No.489/2013 ... likely to cause confusion or deception. The Registrar thus found that the
marks were not deceptively similar. But on appeal both the Single Judge
mark, the same is likely to create confusion
and deception. See definition of 'deceptively similar' under Section 2
of the Act which reads ... grave and immense possibility for
confusion and deception and both the marks were deceptively
similar. While granting a temporary injunction in favour of the plaintiff
defendant's reason to come up with such a deceptively similar variant
or one that is a substantial reproduction is solely to come ... defendant's adoption of the impugned mark which is
deceptively similar to the plaintiff's MOTHER DAIRY (blue logo) and
the trade-dress
