Anil Agarwal11, to contend that, where deception is deliberate,
injunction must follow. On the aspect of deceptive similarity, Mr.
Hemant Singh cites Parle Products ... confusion or deception, even if the marks are visually
dissimilar.
46. The two most important considerations, while examining the
issue of deceptive similarity, have been
aforementioned "Dream11 trademarks" of
the First Party, or any deceptively similar variant thereof,
including but not limited to use as a trademark, trade ... lable mark bearing the "Dream11
trademarks"and / or any deceptively similar variant thereof,
with respect to any goods or services.
4) The Second
Rajiv Kwatra and which stood validly registered
by Rajiv Kwatra.
Deceptive similarity and infringement
37. Approaching, now, the aspect of deceptive similarity ... mark, to the effect that the
defendants' mark was not deceptively similar to that of the plaintiff.
Even otherwise, on this issue, the coordinate
mark/tag line
―Pocket Shot‖ or any other mark/tagline deceptively similar to the
plaintiffs' mark ―Pocket Scotch‖,
apart from delivery up, rendition
course of trade, a mark which is identical with,
or deceptively similar to, the trade mark in relation to goods or services in respect ... plaintiff's
SNAPDEAL trade mark or any trade mark deceptively similar thereto.
The domain name registrants, including the Defendant 1-
GoDaddy.com was directed
trade dress which is identical or,
at the very least, deceptively similar to that of the plaintiff, while
manufacturing and marketing its jewellery:
Signature ... sufficient if, as a
whole, the design of the defendant is deceptively similar to that of the
plaintiff.
Defendant's submissions:
13. Responding
USHA MOBIL HOUSE" or any other identical/deceptively
similar mark/trade name, (iv) delivering up, to the plaintiff, of all
products, labels, stickers, signs ... USHA MOBIL HOUSE and/ or any other
mark deceptively similar to the plaintiffs trade mark MOBIL
either by itself or in conjunction with any other
mark
'D WISE' or any other mark identical or deceptively
similar to the Plaintiffs registered trademark 'DRISE'.
b) An order ... mark 'D WISE' or
any other mark identical to deceptively similar to the
Plaintiffs registered trademark 'D-RISE
Signing Date:27.01.2022
11:54:02
product of the plaintiff, show deceptively similar
designs of the bottles and the trade dress, using the
same colour ... premise that the marks on the
seized goods are deceptively similar to those mentioned in the order,
would amount to conferring power on the Local
Date:09.12.2022
16:03:45
Neutral Citation Number : 2022/DHC/005418
deceptively similar to the mark TATA of the Plaintiff on its
goods, services ... registration of the mark TATA or
any other mark deceptively similar to the mark TATA, before
any authority, for any purpose whatsoever, nor shall they