mark which may be identical and/or deceptively
similar thereto in respect of the same or similar description of goods or
service constitute ... Registered User Agreement, defendant applied for registration of the
identical/deceptively similar trademark under No.582999 in Class 9 in the
year 1992 and obtained
which are alleged to be
infringed by the use of a deceptively similar mark SIMPLEX by the
respondents.
2. Relevant facts as per petition ... said marks and
the respondent by using/threatening to use a deceptively similar mark
SIMPLEX as a part of trading style grossly violated the stipulations
were restrained from using the name RAKYAN and/or any
other deceptively similar trade mark to the plaintiff‟s trade mark. Upon
service, the defendants ... registered proprietor, if he uses a mark
which is identical with deceptively similar in relation to goods and
services under Section
defendant from
marketing certain goods under a mark which is
deceptively similar to the plaintiff's mark can be
amended into one for infringement ... permission from any quarters besides trading in
seals in a deceptively similar name and style of "SSIL" if
compared with plaintiff
brand name „Mahaan‟ absolutely and „Super
Mahaan‟ in a manner deceptively similar to „Mahaan‟ or create
any third party right in the brand „Mahaan ... from
using „Mahaan‟ absolutely and „Super Mahaan‟ in a manner deceptively
similar to the logo, colour style and design of the brand „Mahaan‟ and
restrained
cause the infringement by making a mis-statement or
causing confusion and deception which is the gist of the passing off action ... matter of law and fact.
18. It is true that in a similar case complaining derogatory lyrics in the
film namely "Chakravyuh
been arrived are different than the directions issued on
11th December, 2008. Similarly, in the said order, in order to present
themselves as distinct ... that Court who has in
order to avoid confusion and deception passed the directions, even otherwise
no dispute with regard to MoU was pending
Micolube India Limited vs Rakesh Kumar Trading As Saurabh ... on 15 May, 2013
Equivalent citations
National Highways Authority India vs Mecon-Gea Energy Systems India Ltd Jv on 2 April
