Plaintiff was informed that the Defendant had
adopted a deceptively similar label / trade dress for packing of its
products under the brand name "Mubarak ... upon the Defendant to cease and desist and
refrain from using deceptively similar labels / trade dress/packing
which also constituted infringement and passing
plaint or any other deceptively similar label so as to infringe the plaintiffs' registered trade mark No. 363235, and
(iii) using in relation ... Plaint or any other deceptively similar label so as to pass off or enable others to pass off the defendants' goods
appellants that the name of the respondent's mark is
deceptively similar and almost identical to that of the appellants. The
only difference between ... their trade/business a mark
which is identical with or deceptively similar to the appellants' mark
which is likely to cause confusion among
annexed at Exh. H to the plaint or any other deceptively similar carton. Both the plaintiffs and the defendants manufacture antibiotics known in the trade ... Simptran marketed by defendant No. 1 in a carton which was deceptively similar to the plaintiffs carton. By using the impugned carton and the impugned
ELGIMET-SR 2/500" or any other identical or deceptively similar mark
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IA (L)-27480-2024 (final).doc
as that ... Defendant No 2 submits that
there is no phonetic or visual deceptive similarity between the two
marks. He submits that the Plaintiff's product
test to
determine the deceptive similarity is the similarity
and not the dissimilarity between the competing
marks. Phonetic similarity is not to be ignored
when ... similar and hence
similar in idea.
(c) The nature of the goods in respect
of which they are used as trade marks.
(d) The similarity
that the said
impugned Trade Mark name and the label is deceptively similar to the
Trade Mark and label which is being used ... product of the Defendant is available for sale
by using the deceptively similar trade mark and label. He pointed out that
the label of Defendant
plaint or any other trade mark/ packaging/ trade dress
deceptively similar thereto. Defendant No.1 further states
and undertakes that he has not fled/ does ... plaint or any other trade mark/
packaging/ trade dress deceptively similar thereto.
2. In view of the aforesaid, Plaintif is not pressing for
any reliefs
CHOICE" and labels and has still adopted the deceptively
similar mark "EXECUTIVE CHOICE" and deceptively similar label
including the label ... likely to be referred to as "OC" and is deceptively similar to
Plaintiff's registered mark "OFFICER'S CHOICE
mark or prefix/suffix or any other
similar/deceptively similar mark thereto or similar/deceptively similar to
the registered trade mark "GreatWhite ... mark or prefix/suffix or any other
similar/deceptively similar mark thereto or similar/deceptively similar to
the registered trademark "GreatWhite" details
