detailed Judgement it was held that "LEEPLEX" was deceptively similar and defendants were restrained from using it. It must be mentioned that defendants ... knowledge of plaintiffs' marks and that the two marks were deceptively similar even according to the defendants.
4. In 1994 on Yash Pharma Laboratories
gives rights to the Plaintiffs to prevent anyone from using any deceptively similar trade-mark. According to the Plaintiffs, in or about the year ... they also have a right to prevent anyone from using any deceptively similar trade-mark. According to the Plaintiffs, the Plaintiffs have been vigilantly protecting
that the defendants have introduced in the market products which are deceptively similar with the plaintiffs' products. The defendants have introduced a bottle lable ... Lime" and "Duet Gin N Orange" which is deceptively similar to the marks of the plaintiffs. The defendants have used the same
issues were framed:
(1) Whether the defendants' mark BUTACORT is deceptively similar to the plaintiffs' trade mark BUTACORTINDON as alleged in paragraph ... doubt that the applicants' trade mark BUTACORT is deceptively similar to the Registered proprietors trade mark BUTACORTINDON and that, therefore, Section 12(1) constitutes
products the impugned trade-mark "Nandos" or any other deceptively similar trade-mark so as to infringe the Plaintiffs registered trade-mark ... only be a similarity between goods and goods or a similarity between services and services and cannot be similarity between goods on the one hand
trade mark which is identical with or deceptively similar to the registered trade mark in relation to any goods. Sub-section(2) of Section ... submitted that such defence is available only when the mark is deceptively similar. If a mark registered in Part B is the basis
Exhibit 'O' to the plaint, or any other deceptively similar carton. Both the plaintiff and the defendant manufacture various products inter alia ... Exhibit 'O' to the plaint or any other deceptively similar carton so as to pass off or enable others to pass
defendant of any trade mark which is identical with or deceptively similar to the plaintiff's trade mark, whether registered or unregistered;
shall ... similar to the registered mark of the plaintiff; and (iv) the field of activity of the plaintiff and the defendant are similar or almost similar
associated with the Plaintiff alone. The Defendant has adopted a deceptively similar trade mark ZENOXIM in respect of a medicinal preparation. The Plaintiff on becoming ... infringed the trade mark of the Plaintiff; by dishonestly adopting a deceptively similar mark and has tried to pass off its goods as that
mark
CHERISH and/or any other which is identical and/or
deceptively similar Trade Mark so as to infringe the
Trade Mark CHERI ... CHERISH and CHERI were
structurally, visually and aurally similar and that
the similarity gave rise to deception and confusion.
The Division Bench also concluded that
