2373/2013 Page 1 of 41
under the deceptively similar marks CLINOXID /
CLINOXIDE / CLINOXIDE-A, passing off and
damages.
2. Plaintiffs claim ... Plaintiff, the Defendant has recently adopted
a deceptively similar mark CLINOXID that is
confusingly and deceptively similar to the Plaintiffs'
registered trademark CLINDOXYL
defendant‟s
packaging is also similar to the plaintiff‟s.
f) Similarly, the defendant‟s drug RECOLITE is also
deceptively similar to the plaintiff ... 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
Choice of a person holding an office of
authority and is deceptively similar to the respondent‟s said mark. Hence, it
is highly likely that ... applied the test of similarity in the idea, i.e. semantic
similarity, of two marks in deciding the question of deceptive similarity
between them
mark 'OSSO' adopted by the respondents-judgment-debtors Is deceptively similar to the registered trade mark 'ESSCO' of the petitioners-decree ... brass cocks under the mark 'ESSO' or any other deceptively similar mark being colourable imitation of their trade mark 'ESSCO
sought on the
ground that the said trademark FORZID was deceptively similar
to an earlier registered trademark, viz., ORZID (label mark),
standing registered ... person, an identical or any other
mark deceptively similar thereto would amount to infringement
of the appellant‟s registered trademark
event, the
arguments have been addressed only on the question of deceptive similarity
between the marks of the contesting parties in the context of section ... course of trade, a mark which is
identical with, or deceptively similar to, the trade mark in
relation to goods or services in respect
Defendants of a phonetically and
visually deceptively similar trade mark „ZIVA‟. The
Defendants are using the said mark „ZIVA‟ also for the
purposes ... deceptively similar
to the mark of the Plaintiff. Phonetic
similarity constitutes an important index of
whether a mark bears a deceptive or
misleading similarity
trademark "Golden Deer", which was said to be deceptively
similar to „Double Deer‟, the registered trademark of the plaintiff. The
plaintiff ... contention of
the plaintiff that the defendant‟s trademark is
deceptively similar to that of the plaintiff is on the
face of it a false
washing soaps under the trade marks 501, 507 or any other deceptively similar trade mark and wrappers as arc identical with or deceptively similar ... manufacture and marketing of half bar washing soap with the deceptively similar mark 507 and in wrappers- which arc colourable imitation of!301 half
registered mark and the use of an
―identical‖ or ―deceptively similar‖ mark by another without any
permission/authority amounts to infringement of the registered
mark ... other
person using a mark which is the same or
deceptively similar to his trade mark, he can
protect his trade mark by an action
