BAGAN
Fresh Tea‟ in the packaging which is either identical or deceptively similar
to the plaintiffs‟ packaging or to open other retail outlets in Delhi ... sell
their product under the deceptively similar packaging till further orders. The
defendant has thereafter moved an application being IA No.7602/2012 under
Order
goods are sold from
the same counter and sold under the deceptively similar trade mark will also
lead to passing off the goods of defendants ... trademark/logo/label AQUAFIZZA or any other trademark that may be
deceptively similar with the trade mark AQUAFINA of the plaintiff.
18. The plaintiff shall
encash on the
goodwill of the plaintiff and cause confusion and deception amongst the
people regarding its source of origin and thereby sought to pass ... mark and logo HPL or any other trade
mark or logo deceptively similar to the said registered trade mark and
logo HPL of the plaintiff
other label / packaging / trade
dress/get up that is deceptively similar to the plaintiffs' distinct trademark
BLACK MAGIC and its label/packaging/trade dress ... mark WHITE
MAGIK. Further, the defendant has also adopted a deceptively and
confusingly similar packaging/ label / trade dress which constitute
infringement of the copyright, passing
